State Preschool Program

Overview

Ohio’s Early Childhood Education Program, introduced statewide in 1990, provides prekindergarten programs to three- and four-year-olds from low-income families. The State funds the program through supplemental school aid to low-wealth school districts. School districts have the option of operating their own pre-k program or contracting out the program to head start agencies, non-sectarian schools, and childcare providers. 8,102 children were served via this program in 2005-2006. The State will be significantly increasing funding to $31 million in FY 2008 and $36.5 million in FY 2009, up from $19 million a year in FY 2007.

In addition, Ohio has been using federal block grant funds to finance early care and education programs for preschoolers. In 2004-2005, it used these funds to supplement federal Head Start programs and serve an estimated 5,196 three- and four-year-olds. In 2005, Ohio replaced its state-supplemented Head Start and Head Start Plus programs with the Early Learning Initiative (ELI), which utilizes federal TANF dollars to provide comprehensive early care and education services to three- and four-year olds, as well as five-year olds not enrolled in kindergarten. The program is open to children with a family income at or below 185% of the federal poverty level, and expanding to 200% of FPL in 2008-2009. With about $125 million in TANF funds available in FY 2008, Ohio hopes to enable 12,000 children to receive ELI services.

State Policy

Governor Strickland has championed increased access to high quality prekindergarten, pointing to research that has demonstrated the wide range of social, economic, and educational benefits of such programs.

Eligibility Criteria

The Early Childhood Education Program and ELI are both open to three- and four-year-olds. In addition, five-year-olds who have not enrolled in kindergarten are eligible for ELI. Children are eligible for the Early Childhood Education Program if their families earn no more than 200 percent of the Federal Poverty Level. Once the state-funded slots are filled, other age-eligible children from families above the 200 percent level may be enrolled on a full-tuition basis.

Initial family income eligibility for ELI is 185 percent of the Federal Poverty Level or less, rising to 200 percent for 2008-2009.

Program Length/Duration

Although the Early Childhood Education Program originally had no day length or program length requirements, programs established after March 15, 2007, must be at least half-day, school-year programs . ELI programs may be full-day or half-day programs, "designed to meet the child care and early learning needs of the children of working families."

Funding

There are two separate sources of funding for state preschool programs in Ohio.

Early Childhood Education Program

School districts that demonstrate a need for a pre-k program and qualify for state supplemental school funding [at-risk program aid] are permitted, but not required to operate a preschool program under the Early Childhood Education Program. The department of education allocates supplemental funding based on the rate of poverty in the district. Funding for the pre-k program comes from the State’s general revenue, supplemented by local funds. Funds for new programs or the expansion of existing programs are awarded to providers through a competitive grant process. About $19 million a year was appropriated to the Early Childhood Education Program from FY 2004 through FY 2007, but this will increase by 63%, to $31 million, in FY 2008, and to $36.5 million in FY 2009. Children from families at or below the federal poverty level attend for free, and tuition fees are charged on a sliding scale for families between 101% and 200% of the poverty level. Once state-funded slots are filled, children from families above the 200% level may be admitted to the program, at full tuition.

Early Learning Initiative

ELI replaced Ohio’s state-funded Head Start and Head Start Plus programs, and is funded primarily through Federal TANF funds. In FY 2008 and FY 2009, $125 million in TANF funds are earmarked for ELI each year. This will enable 12,000 children to enroll annually. For each child enrolled, the State will reimburse providers up to $9,438.00 for a full-day, full-year program.

Quality Standards

In a national survey of quality standards, the National Institute for Early Education Research (NIEER) gave Ohio’s public school Early Childhood Education Program a rating of four out of ten. Although ELI had not yet been enacted at the time of NIEER’s survey, the Initiative’s quality requirements are substantially aligned with the Early Childhood Education Program under the statutory framework.

Ohio has enacted early learning standards, but they are not sufficiently comprehensive under NIEER’s quality criteria. The State requires all teachers in public school settings to have an associate’s degree and specialized Pre-K certification or training, and requires assistant teachers to have a High School diploma. Thus, Ohio’s preschool programs do not meet the NIEER benchmark of a bachelor’s degree for lead teachers and a CDA for assistant teachers. Beginning in 2007, the teacher in-service training requirement dropped from 20 hours a year to 20 hours every two years. This does not meet NIEER’s 15 hours/year benchmark, so Ohio may lose a rating point for the FY 2008 survey.

Class size for three-year olds in the Early Childhood Education Program cannot exceed 24, with a teacher/child ratio of 1:12. For four-year olds, class size is limited to 28 with a teacher/child ratio of 1:14. This exceeds the NIEER benchmark of 20 children or fewer and a teacher/child ratio of 1:10 or better.

The preschool program includes parental involvement and support services, as well as vision, hearing, and health screenings, meeting NIEER’s benchmark in this area. The program does not meet NIEER’s requirement of at least one meal a day for all children participating. The Department of Education has adopted Early Learning Program Guidelines applicable to the Early Childhood Education Program and the Early Learning Initiative.

Delivery of Preschool Services

Early Childhood Education Programs

The Ohio Department of Education oversees the Early Childhood Education Program and disburses funding to low-wealth school districts as part of at-risk program aid. A school district may establish a preschool program in the public schools, or may contract with a Head Start program, a non-sectarian school, or a licensed private child care provider.

Early Learning Initiative

ELI is jointly administered by the Department of Education and the Department of Job and Family Services. ELI services are provided through center-based and family home childcare providers.

Requirements for Student Assessment and Program Evaluation

Both ELI and the Early Childhood Education Program are required to "meet and report compliance with the early learning program guidelines for school readiness."

Early Childhood Education Program

The Ohio Department of Education is required to inspect every preschool program at least twice a year. The preschool program must periodically review each child’s developmental progress, and hold parent/teacher conferences at least twice a year. The DOE must also report annually to the Governor and the Legislature on the Early Childhood Education Program.

Early Learning Initiative

ELI programs must also document and report child progress.

Legal Framework

Education Clause in State Constitution

The State Constitution requires the General Assembly to "secure a thorough and efficient system of common schools throughout the state."

Summary of Case Law on School Finance System

The Ohio Supreme Court has sidestepped the issue of whether education is a fundamental right under the State Constitution, but has held that the constitutional standard for thorough and efficient schools requires "facilities in good repair and the supplies, materials, and funds necessary to maintain these facilities in a safe manner, in compliance with all local, state, and federal mandates."

In a series of cases beginning in 1997, the Ohio Supreme Court has consistently held that Ohio’s school finance system is in violation of the constitutional mandate, particularly due to its reliance on local property taxes, insufficient state appropriations for facilities construction and maintenance, and the requirements for school borrowing from reserve funds and emergency loan programs. Even after a number of state reform efforts, the Ohio Supreme Court still found the finance system insufficient and in need of a "complete systematic overhaul."

In 2003, however, the Ohio Supreme Court terminated the courts’ jurisdiction over the school finance litigation, noting that although the system was still unconstitutional, it was the legislature’s duty to remedy the flawed educational system.

In 2007, taxpayers in Columbus filed a case against the city school district and the state education department, alleging that disparate funding of students within the district violated the “thorough and efficient” clause and the state’s equal protection provision.

Summary of Case Law on Preschool

None of the cases have addressed preschool.

Constitutional Provisions on Public Education

Oh. Const. Art. VI § 2

The general assembly shall make such provisions, by taxation, or otherwise, as, with the income arising from the school trust fund, will secure a thorough and efficient system of common schools throughout the state; but, no religious or other sect, or sects, shall ever have any exclusive right to, or control of, any part of the school funds of this state.

Oh. Const. Art. VI § 3

Provision shall be made by law for the organization, administration and control of the public school system of the state supported by public funds: provided, that each school district embraced wholly or in part within any city shall have the power by referendum vote to determine for itself the number of members and the organization of the district board of education, and provision shall be made by law for the exercise of this power by such school districts.

Case Law on the Right to Public Education and Preschool

Is Education a Fundamental Right under the State Constitution?

The Ohio Supreme Court in Bd. of Ed. v. Walter, 58 Ohio St. 2d 368, 375-76, 390 N.E.2d 813, 819 (1979), cert denied, 444 U.S. 1015 (1980), declined to determine whether education is a fundamental right under the State Constitution, finding the concept of fundamental right indefinite and therefore of no assistance in resolving the issues in the case.

School Finance Cases in Favor of Plaintiffs:

DeRolph v. State, 78 Ohio St.3d 193, 677 N.E.2d 733 (1997) (DeRolph I)

The Ohio Supreme Court held that the State’s school finance system violated the State constitutional mandate of a thorough and efficient system of common schools because it resulted in many school districts lacking adequate funds to provide the resources and safe learning environments needed to educate students. Specifically, the Court ruled:

The factors which contribute to the unworkability of the system and which must be eliminated are (1) the operation of the School Foundation Program, (2) the emphasis of Ohio’s school funding system on local property tax, (3) the requirement of school district borrowing through the spending reserve and emergency school assistance loan programs, and (4) the lack of sufficient funding in the General Assembly’s biennium budget for the construction and maintenance of public school buildings. The funding laws reviewed today are inherently incapable of achieving their constitutional purpose.

DeRolph v. State, 97 Ohio St.3d 434, 780 N.E.2d 529 (2002) (DeRolph IV)

After ruling in 2001 in DeRolph v. State, 93 Ohio St.3d 309, 754 N.E.2d 1184 (DeRolph III), that the State still had failed to satisfy the constitutional mandate of a thorough and efficient system of common schools and ordering the State to implement certain changes to satisfy the tests set forth in DeRolph I and II, the Ohio Supreme Court vacated that order and found that the State’s efforts to comply with the constitutional mandate still were insufficient. The Court ruled that a "complete systematic overhaul" of the State’s system of school funding, "not further nibbling at the edges," was necessary. (But see State v. Lewis, 99 Ohio St.3d 97, 789 N.E.2d 195 (2003), discussed below under School Finance Cases against Plaintiffs.)

Standard for a Constitutionally Adequate Education:

DeRolph v. State, 78 Ohio St.3d 193, 212-13, 677 N.E.2d 733 (1997) (DeRolph I)

"A thorough and efficient system of common schools includes facilities in good repair and the supplies, materials, and funds necessary to maintain these facilities in a safe manner, in compliance with all local, state, and federal mandates."

School Finance Cases against Plaintiffs:

Miller v. Korns, 107 Ohio St. 287, 140 N.E. 773 (1923)

Plaintiff taxpayer claimed the State’s system of school finance, which provided that some revenue raised in certain counties was spent on the school systems of other counties where insufficient revenue had been raised, violated the constitutional requirement of a uniform system of taxation. The trial court rejected the claim, and its decision was upheld on appeal. The Ohio Supreme Court ruled that the State constitutional requirement of a thorough and efficient system of schools throughout the State justified the system of taxation.

Bd. of Ed. v. Walter, 58 Ohio St. 2d 368, 390 N.E.2d 813 (1979), cert denied, 444 U.S. 1015 (1980)

The Ohio Supreme Court upheld the State’s system of school finance against plaintiffs’ claims that the system violated the equal protection and education clauses of the State Constitution.

DeRolph v. State, 89 Ohio St.3d 1, 728 N.E.2d 993 (2000) (DeRolph II)

The Ohio Supreme Court found that the State had failed to remedy the constitutional deficiencies identified in DeRolph I, but ruled that the State should be given more time to comply.

State v. Lewis, 99 Ohio St.3d 97, 789 N.E.2d 195 (2003), cert denied, 540 U.S. 966 (2003)

The Ohio Supreme Court refused to allow further proceedings in DeRolph v. State, and ended the courts’ jurisdiction over the case. It noted that "[t]he duty now lies with the General Assembly to remedy an educational system that has been found … to still be unconstitutional," but ruled that no further judicial proceedings in the matter would be appropriate.

Decisions Ruling School Finance Issues Were Non-Justiciable:

See State v. Lewis, 99 Ohio St.3d 97, 789 N.E.2d 195 (2003), cert denied, 540 U.S. 966 (2003), discussed above under "School Finance Cases against Plaintiffs."

Cases Related to State-Funded Preschool:

None.

Pending School Finance Cases:

Brown v. Columbus City Schools Board of Education, Court of Common Pleas, Franklin County, Case No. 07-CVH-09-12492 (Filed September 17, 2007)

This complaint was filed by Columbus, Ohio, taxpayers, against the Columbus school district and the state Department of Education, alleging disparities in per pupil funding within the district. Plaintiffs claim that failure to fund all students in the district in a fair and equitable manner violates the state constitution's "thorough and efficient" and equal protection provisions.

Statutes, Regulations and Guidance Documents on State Preschool Program

Ohio Revised Code (Ohio Rev. Code) § 3301.50 et seq., Preschool Programs

Ohio Revised Code (Ohio Rev. Code) § 3301.311 Preschool program, early childhood education program and early learning program funding dependent upon teachers working toward associate degrees

Ohio Revised Code (Ohio Rev. Code) § 3313.646, Administration of Schools; Preschool Programs

Ohio Administrative Code (Ohio Admin. Code) § 3301-37-01 et seq., Preschool Licensing

Ohio Administrative Code (Ohio Admin. Code) § 3301-52-01, Appropriate Uses of Child Education Screening and Assessment Information

Ohio Administrative Code (Ohio Admin. Code) § 5101:2-23, Early Learning Initiative (ELI)

House Bill 119, Budget Appropriations (2007), § 309.40.60 Early Learning Initiative.

House Bill 119, Budget Appropriations (2007), § 269.10.20 Early Childhood Education.

Ohio’s Early Learning Initiative

Ohio Department of Education, Early Learning Content Standards (2006) (cited below as "ODE Content Standards")

Ohio Department of Education, Early Learning Program Guidelines (2006) (cited below as "Early Learning Program Guidelines")

Provisions Expressing State Policy on Preschool:

Governor Ted Strickland, 2007 State of the State Address, March 14, 2007

Let’s talk about one of the best investments we can make – early childhood education.

If your interest is the economy, if your interest is our social health, if your interest is our physical health, if your interest is education – at any level, for any age – then you must care about early childhood education.

Those early years affect everything. Research shows a better start for our children ultimately means that there will be less crime and more college, less teen pregnancy and more home ownership, less welfare and more health.

A modest investment during a brief period of childhood leads to a lifetime of positive outcomes.

But while every child deserves a fair start on their way to school, too many of our children begin the race not only well behind the starting line, but facing in the wrong direction. We cannot afford to abandon those children who face a poverty of resources and a poverty of experiences. We must recognize the facts: we have a readiness gap that leads to an achievement gap that results in an outcome gap.

So let’s fix it by increasing access to early childhood education.

Governor Ted Strickland, Executive Order 2007–03S (March 16, 2007)

Research tells us that high quality early care and education reduces rates of crime and teen pregnancy, reduces the achievement gap between low-income and more advantaged children, increases rates of college attendance, creates savings in K-12 education through fewer grade repetitions and lower special education costs, results in higher tax revenues and rates of home ownership, and lowers health and welfare expenditures.

Eligibility Criteria for State Preschool Program:

Early Childhood Education Program

2007 H.B. 119, § 269.10.20

…(A)(3) "Eligible child" means a child who is at least three years of age, is not of the age to be eligible for kindergarten, and whose family earns not more than two hundred per cent of the federal poverty guidelines. …

…(I) Each provider shall develop a sliding fee scale based on family incomes and shall charge families who earn more than the federal poverty guidelines for the early childhood education program.

Ohio Admin. Code 3301-37-01

… (W) "Preschool child" means a child who has not entered kindergarten and is not of compulsory school age.

… (Y) "Preschool program" means either of the following:

(1) a child day-care program for preschool children that is operated by a school district board of education, an eligible nonpublic school or;

(2) a child day-care program for preschool children age three or older that is operated by a county MR/DD board [County Board of Mental Retardation and Developmental Disabilities].

Ohio Department of Education website

Children eligible for services under this program [Early Childhood Education] must be at least age 3 and not yet age-eligible for kindergarten. The funded number of children must come from families that earn no more than 200 percent of the federal poverty level. Children from families with income at 100 percent or below the poverty level attend tuition free. Children from families with income between 101 and 200 percent of the poverty level attend on a prorated tuition basis. Once a program has reached the funded number, age appropriate children from families with income above 200 percent of the poverty level may be enrolled on a full tuition basis.

Early Learning Initiative

2007 H.B. 119, § 309.40.60

(A).…(3) "Eligible child" means a child who is at least three years of age but not of compulsory school age or enrolled in kindergarten, is eligible for Title IV-A [Temporary Assistance for Needy Families] services, and whose family income at the time of application does not exceed one hundred eighty-five per cent of the federal poverty line in fiscal year 2008 or two hundred percent of the poverty line in fiscal year 2009

.…(C)(2)(a) The Department of Job and Family Services shall [adopt rules] regarding the establishment of co-payments for families of eligible children whose family income is more than one hundred sixty-five per cent of the federal poverty line but equal to or less than the maximum amount of family income authorized for an eligible child as defined in division (A)(3) of this section.

Ohio Admin. Code § 5101:2-23(F)

ELI eligibility shall be authorized for twelve months.…

Ohio Admin. Code § 5101:2-23-05

… (F) The notice of approval shall include the amount of the copayment that the caretaker must pay to the ELI provider each month according to the copayment calendar in appendix C to this rule. Copayment amounts are shown in appendix B to this rule.

… (2) No copayment is required from a caretaker whose income is at or below the amount shown for no copayment required in appendix A to this rule.

… (L) The CDJFS shall determine the child’s eligibility for ELI benefits when all of the following have been met:

… (2) The caretaker’s income does not exceed the maximum monthly amount shown for initial eligibility in appendix A to this rule.

(3) The child is at least three years of age but not of compulsory school age as defined in rule 5101:2-23-01 of the Administrative Code.

(M) A child who is in receipt of child-only OWF cash assistance may be eligible for ELI. The requirements of paragraph (N) (2) of this rule does not apply to the eligibility determination of this child. No copayment shall be assigned for this child. …

Program Length/Duration:

Early Childhood Education Program

2007 H.B. 119, § 269.10.20

(H) This division applies only to early childhood education programs established on or after March 15, 2007.

Per-pupil funding for programs subject to this division shall be sufficient to provide eligible children with services for one-half of the statewide average length of the school day, as determined by the Department, for one hundred eighty-two days each school year. Nothing in this section shall be construed to prohibit program providers from utilizing other funds to serve eligible children in programs that exceed the statewide average length of the school day or that exceed one hundred eighty-two days in a school year.

Early Learning Initiative

2007 H.B. 119, § 309.40.60(B)

… The Initiative shall provide early learning services to eligible children. Early learning programs may provide early learning services on a full-day basis, a part-day basis, or both a full-day and part-day basis.

Ohio Admin. Code § 5101:2-16-07.1

(A) …the early learning initiative (ELI) is a program of early learning services and child care. ELI will offer full-day and part-day early learning services and family supports for health, nutrition and social services in center-based and family home child care programs to families who are determined eligible. ELI program services are designed to meet the child care and early learning needs of the children of working families.

Scope of State’s Responsibility to Provide Preschool:

Early Childhood Education Program

Ohio Rev. Code § 3313.646

(A) The board of education of a school district, except a cooperative education district established pursuant to section 3311.521 of the Revised Code, may establish and operate a preschool program provided the board has demonstrated a need for the program.

…. The board shall maintain, operate, and admit children to any such program pursuant to rules adopted by such board and the rules of the state board of education adopted under sections 3301.52 to 3301.57 of the Revised Code.

Early Learning Initiative

No provisions regarding scope of State’s responsibility to provide preschool under the ELI program.

Scope of State's Responsibility to Fund Preschool:

Early Childhood Education Program

2007 H.B. 119, § 269.10.20

…(I) Each provider shall develop a sliding fee scale based on family incomes and shall charge families who earn more than the federal poverty guidelines for the early childhood education program.

(J) … The Department may award new grants or expansion grants to eligible providers who apply. The eligible providers who apply must do so in accordance with the competitive bidding process established by the Department.

Ohio Rev. Code § 3313.646

(A) The board of education of a school district, except a cooperative education district established pursuant to section 3311.521 of the Revised Code, may establish and operate a preschool programprovided the board has demonstrated a need for the program.

A board may use school funds in support of preschool programs…

A board of education may establish fees or tuition, which may be graduated in proportion to family income, for participation in a preschool program. In cases where payment of fees or tuition would create a hardship for the child’s parents or guardian, the board may waive any such fees or tuition.

Ohio Rev. Code § 3317.029

…(B) The department of education shall compute for each school district for poverty-based assistance the …[calculation of categories of aid based on school district’s poverty index].

… (J) This division applies only to school districts that receive more than ten thousand dollars [of poverty based assistance] under this section. Each such district shall use funds paid under this section only for one or more of the following purposes:

... (8) For early childhood programs or early learning programs, as defined by the department of education, for children age three or four who are not eligible for kindergarten …

Early Learning Initiative

Ohio Admin. Code §5101:2-23-09

(A) The Ohio department of job and family services (ODJFS) shall reimburse ELI contracted agencies under contract with ODJFS and the Ohio department of education (ODE) to provide ELI services.

(B) ODJFS shall reimburse ELI agencies in an amount not to exceed nine thousand four hundred thirty-eight dollars per child per state fiscal year. Reimbursement for attendance ... shall be calculated as follows: …

Source of Funding for Preschool Program:

Early Childhood Education Program

Ohio Rev. Code § 3317.029

…(B) The department of education shall compute for each school district for poverty-based assistance …[calculation of categories based on school district’s poverty index].

… (J) This division applies only to school districts that receive more than ten thousand dollars [of poverty based assistance] under this section. Each such district shall use funds paid under this section only for one or more of the following purposes:

... (8) For early childhood programs or early learning programs, as defined by the department of education, for children age three or four who are not eligible for kindergarten …

Ohio Legislative Service Commission, Final Fiscal Analyses, Department of Education:

State General Revenue Fund

Ohio Rev. Code § 3313.646

(A)… A board of education may establish fees or tuition, which may be graduated in proportion to family income, for participation in a preschool program. In cases where payment of fees or tuition would create a hardship for the child’s parents or guardian, the board may waive any such fees or tuition.

Ohio Department of Education website

Children eligible for services under this program [Early Childhood Education] must be at least 3 and not yet age-eligible for kindergarten. The funded number of children must come from families that earn no more than 200 percent of the federal poverty level. Children from families with income at 100 percent or below the poverty level attend tuition free. Children from families with income between 101 and 200 percent of the poverty level attend on a prorated tuition basis. Once a program has reached the funded number, age appropriate children from families with income above 200 percent of the poverty level may be enrolled on a full tuition basis.

Early Learning Initiative

Ohio Department of Job and Family Services, Ohio’s Early Learning Initiative

Early learning services will be supported by Temporary Assistance for Needy Families (TANF) funding of $125,256,000 in SFY 2008 and SFY 2009 with the goal of providing services for at least 12,000 children.

Scope of Child's Right to Attend Preschool:

No statutory/regulatory provisions to this effect.

Curriculum Content Standards for Preschool Program:

Early Childhood Education Program

2007 H.B. 119, § 269.10.20

…(G) Each early childhood education program shall do all of the following:

… (2) Align curriculum to the early learning content standards;

Early Learning Initiative

2007 H.B. 119, § 309.40.60

…(I) Each early learning program shall do all of the following:

… (2) Align curriculum to the early learning content standards;

ODE Early Learning Content Standards (2006).

Ohio Admin. Code 3301-37-03 [Preschool Licensing].

… (B) A written curriculum shall be adopted which describes developmentally appropriate activities, learning environment, and approaches which meet the individual needs of the children and is aligned to the early learning content standards adopted by the state board of education.

(C) The program’s daily schedule for each age group shall include a balance of both quiet and active play, throughout the day which shall meet intellectual, physical, social, and emotional needs of each child through indoor and outdoor activities. The written daily schedule shall be reflected in actual observation of the program….

Teacher Certification/Qualification Standards for Preschool Program:

Early Childhood Education Program

2007 H.B. 119, § 269.10.20

…(G) Each early childhood education program shall do all of the following:

(1) Meet teacher qualification requirements prescribed by section 3301.311 of the Revised Code;

… (4) Require teachers, except teachers enrolled and working to obtain a degree pursuant to section 3301.311 of the Revised Code, to attend a minimum of twenty hours every two years of professional development as prescribed by the Department regarding the implementation of early learning program guidelines for school readiness;

Early Learning Initiative

2007 H.B. 119, § 309.40.60

…(I) Each early learning program shall do all of the following:

(1) Meet teacher qualification requirements prescribed by section 3301.311 of the Revised Code;

… (4) Require teachers, except teachers enrolled and working to obtain a degree pursuant to section 3301.311 of the Revised Code, to attend a minimum of twenty hours per biennium of professional development as prescribed by the Department of Education regarding the implementation of early learning program guidelines for school readiness;…

Ohio Rev. Code § 3301.311. 

(A) As used in this section, "preschool program" has the same meaning as in section 3301.52 of the Revised Code.

(B)(1) Subject to divisions (C) and (D) of this section, beginning in the fiscal year 2006, no preschool program, and no early childhood education program or early learning program as defined by the department of education shall receive any funds from the state unless fifty per cent of the staff members employed by that program as teachers are working toward an associate degree of a type approved by the department.

(C)(1) Subject to division (C)(2) of this section, beginning in fiscal year 2010, no preschool program, and no early childhood education program or early learning program as defined by the department, existing prior to fiscal year 2007, shall receive any funds from the state unless every staff member employed by that program as a teacher has attained an associate degree of a type approved by the department.

     (2) Beginning in fiscal year 2011, no preschool program, and no early childhood education program or early learning program as defined by the department existing prior to fiscal year 2007, shall receive any funds from the state unless fifty per cent of the staff members employed by the program as teachers have attained a bachelor’s degree of a type approved by the department.

(D)(1) Subject to division (D)(2) of this section, beginning in fiscal year 2012, no preschool program, and no early childhood education program or early learning program as defined by the department, established during or after fiscal year 2007, shall receive any funds from the state unless every staff member employed by that program as a teacher has attained an associate degree of a type approved by the department.

     (2) Beginning in fiscal year 2013, no preschool program, and no early childhood education program or early learning program as defined by the department, established during or after fiscal year 2007, shall receive any funds from the state unless fifty per cent of the staff members employed by the program as teachers have attained a bachelor's degree of a type approved by the department.

Ohio Rev. Code § 3301.50

Except as otherwise provided under division (B) of section 3301.54 of the Revised Code, the issuing of any educator license designated for teaching in a preschool setting pursuant to section 3319.22 of the Revised Code shall not be construed as requiring any person who does not hold such a license to obtain one in order to be employed as a teacher in a pre-kindergarten program….

Ohio Rev. Code § 3301.51

The issuing of any type of educator license designated for teaching in an associate teaching position in a preschool setting pursuant to section 3319.22 of the Revised Code shall not be construed as requiring any person who does not hold such a license to obtain one in order to be employed as a teacher in a pre-kindergarten program.

Ohio Rev. Code § 3301.54

… (B) Each preschool staff member shall be at least eighteen years of age and have a high school diploma or a certification of high school equivalency issued by the state board of education or a comparable agency of another state, except that a staff member may be less than eighteen years of age if the staff member is a graduate of a two-year vocational child-care training program approved by the state board of education, or is a student enrolled in the second year of such a program that leads to high school graduation, provided that the student performs the duties in the preschool program under the continuous supervision of an experience preschool staff member and receives periodic supervision from the vocational child-care training program teacher-coordinator in the student’s high school.

A preschool staff member shall annually complete fifteen hours of inservice training in child development or early childhood education, child abuse recognition and prevention, and first aid, and in the prevention, recognition, and management of communicable diseases, until a total of forty-five hours has been completed, unless the staff member holds an associate or higher degree in child development or early childhood education from an accredited college, university, or technical college, or any type of educator license designated as appropriate for teaching in an associate teaching position in a preschool setting issued by the state board of education pursuant to section 3319.22 of the Revised Code.

Ohio Admin. Code § 3301-37-04 [Preschool Licensing]

…(D) Each preschool staff member shall be at least eighteen years of age and have a high school diploma or a certification of high school equivalency issued by the state board of education or a comparable agency. A staff member may be less than eighteen years of age if:

(1) The staff member is a graduate of a two-year vocational child care training program approved by the state board of education.

(2) The staff member is a student enrolled in the second year of such a program that leads to high school graduation, provided that the student performs duties in the preschool program under the continuous supervision of an experienced preschool staff member and receives periodic supervision from the vocational child care training program teacher/coordinator in the student’s high school.

…(G) Each class/group in a preschool program shall have assigned a head teacher in accordance with the following:

(1) Preschool programs operated by public schools shall have a head teacher for each class/group of children enrolled that meets one of the following:

(a) Valid prekindergarten teaching certificate issued under section 3301.50 of the Revised Code; or

(b) Valid prekindergarten associate certificate issued under section 3301.51 of the Revised Code; or

(c) Valid kindergarten-primary certificate issued under sections 3319.22 to 3319.29 of the Revised Code and have completed at least four courses in child development in early childhood education from an accredited college, university, or technical college; or

(d) A bachelor’s degree in child development or early childhood education earned from an accredited college or university with a minimum of thirty quarter or twenty semester hours in child development/preschool program planning and methods including a supervised practicum with preschool children; or

(e) An early childhood license pursuant to paragraph (C) 3301-24-05 of the Administrative Code;

… (J) Substitutes for preschool staff members in programs operated by entities other than public schools, education service centers, or MR/DD shall meet the minimum requirements of:

(1) Being at least eighteen years of age.

(2) Have at least a high school diploma or certification of high school equivalency issued by the state board of education or comparable agency.

(3) Meet the requirements related to a medical examination, in-service and criminal background investigation as cited in 3301.541 of the Revised Code after fifteen school days.

(4) Shall meet the minimum requirements for the position for which they are substituting after sixty consecutive school days.

(K) Unless the preschool staff member or director holds an associate or higher degree in child development or early childhood education from an accredited college, university, or technical college, a pre-kindergarten associate certificate issued by the state board of education, or a pre-kindergarten teaching certificate, the preschool staff member and director shall annually complete in-service training of fifteen hours until a total of forty-five hours has been completed.

(1) Inservice training will be in one or more of the following areas:

(a) child development or early childhood education;

(b) child abuse recognition and prevention;

(c) first aid; and/or

(d) prevention, recognition, and management of communicable diseases.

(2) Annual completion refers to the school year, from July 1 to June 30.

(L) Preschool staff members who have met the requirements as stated in paragraph (K) of this rule shall complete fifteen annual clock hours. This may be part of the professional development plan in accordance with chapter 3301-24 of the Administrative Code. Annual completion refers to the school year, from July 1 to June 30.

(M) The training specified in paragraph (K) of this rule shall be provided by an approved trainer who shall have at least two years of experience specific to the subject area and possess one of the following:

(1) An associate or higher degree in child development or early childhood education, education, home economics, nursing, nutrition, psychology, dental hygiene, or social work. Evidence of an associate or higher degree shall be a copy of a diploma, a transcript, or other written evidence accepted by the director as evidence of completion of at least ninety quarter credit hours or sixty semester credit hours from an accredited college, university, or technical college. The coursework shall include at least thirty-six quarter credit hours or twenty-four semester credit hours in courses in any of the subject areas listed in paragraph (K) of this rule; or

(2) A prekindergarten certificate issued by the state board of education; or

(3) A license as a physician or registered nurse.

Other Quality Standards for Preschool Program:

Early Childhood Education Program

Ohio Rev. Code § 3301.50

…a person hired after July 1, 1988, to direct a preschool program regulated by the state board of education under sections 3301.52 to 3301.57 of the Revised Code, other than a program operated by a nontax-supported eligible nonpublic schools, shall hold a valid educator license designated as appropriate for teaching or being an administrator in a preschool setting issued pursuant to section 3319.22 of the Revised Code plus the four courses required by division (A) (1) of section 3301.54 of the Revised Code, unless division (A) (4) of that section applies to that person.

Ohio Rev. Code § 3301.53

(A) … The rules [required by this provision, establishing minimum standards to be applied to preschool programs operated by school district boards of education, county MR/DD boards, or eligible nonpublic schools] shall include the following:

(1) Standards ensuring that the preschool program is located in a safe and convenient facility that accommodates the enrollment of the program, is of the quality to support the growth and development of the children according to the program objectives, and meets the requirements of section 3301.55 of the Revised Code;

(2) Standards ensuring that supervision, discipline, and programs will be administered according to established objectives and procedures;

(3) Standards ensuring that preschool staff members and nonteaching employees are recruited, employed, assigned, evaluated, and provided inservice education without discrimination on the basis of age, color, national origin, race, or sex; and that preschool staff members and nonteaching employees are assigned responsibilities in accordance with written position descriptions commensurate with their training and experience;

(4) A requirement that boards of education intending to establish a preschool program demonstrate a need for a preschool program prior to establishing the program;

(5) Requirements that children participating in preschool programs have been immunized to the extent considered appropriate by the state board to prevent the spread of communicable disease;

(6) Requirements that the parents of preschool children complete the emergency medical authorization form specified in section 3313.712 [3313.71.2] of the Revised Code.

(B) The state board of education in consultation with the director of job and family services shall ensure that the rules adopted by the state board under sections 3301.52 to 3301.58 of the Revised Code are consistent with and meet or exceed the requirements of Chapter 5104 of the Revised Code with regard to child day-care centers. The state board and the director of job and family services shall review all such rules at least once every five years….

Ohio Rev. Code § 3301.54

(A)(1) Each preschool program shall be directed and supervised by a director, a head teacher, an elementary principal, or a site administrator who is on site and responsible for supervision of the program. Except as otherwise provided in divisions (A)(2), (3), or (4) of this section, this person shall hold a valid educator license designated as appropriate for reaching or being an administrator in a preschool setting issued pursuant to section 3319.22 of the Revised Code and have completed at least four courses in child development or early childhood education from an accredited college, university, or technical college.

     (2) If the person was employed prior to July 1, 1988, by a school district board of education or an eligible nonpublic school to direct a preschool program, the person shall be considered to meet the requirements of this section if the person holds a valid kindergarten-primary certificate described under former division (A) of section 3319.22 of the Revised Code as it existed on January 1, 1996.

Ohio Rev. Code § 3301.541

(A)(1) The director, head teacher, elementary principal, or site administrator of a preschool program shall request the superintendent of the bureau of criminal identification and investigation to conduct a criminal records check with respect to any applicant who has applied to the preschool program for employment as a person responsible for the care, custody, or control of a child….

(B)(1) Except as provided in rules adopted by the department of education in accordance with division (E) of this section, no preschool program shall employ a person as a person responsible for the care, custody, or control of a child if the person previously has been convicted of or pleaded guilty to any of the following:

(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation occurred prior to that date, a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense, or felonious sexual penetration in violation of former section 2907.12 of the Revised Code;

(b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses or violations described in division (B)(1)(a) of this section.

      (2) A preschool program may employ an applicant conditionally until the criminal records check required by this section is completed and the preschool program receives the results of the criminal records check. If the results of the criminal records check indicate that, pursuant to division (B)(1) of this section, the applicant does not qualify for employment, the preschool program shall release the applicant from employment….

Ohio Rev. Code § 3301.55

(A) A school district, county MR/DD board, or eligible nonpublic school operating a preschool program shall house the program in buildings that meet the following requirements:

(1) The building is operated by the district, county MR/DD board, or eligible nonpublic school and has been approved by the division of industrial compliance in the department of commerce or a certified municipal, township, or county building department for the purpose of operating a program for preschool children. Any such structure shall be constructed, equipped, repaired, altered, and maintained in accordance with applicable provisions under Chapter 3781 and 3791 and with rules adopted by the board of building standards under Chapter 3781 of the Revised Code for the safety and sanitation of the structures erected for this purpose.

(2) The building is in compliance with fire and safety laws and regulations as evidenced by reports of annual school fire and safety inspections as conducted by appropriate local authorities.

(3) The school is in compliance with rules established by the state board of education regarding school food services.

(4) The facility includes not less than thirty-five square feet of indoor space for each child in the program. Safe play space, including both indoor and outdoor play space, totaling not less than sixty square feet for each child using the space at any one time, shall be regularly available and scheduled for use.

(5) First aid facilities and space for temporary placement of isolation of injured or ill children are provided.

(B) Each school district, county MR/DD board, or eligible nonpublic school that operates, or proposes to operate, a preschool program shall submit a building plan including all information specified by the state board of education to the board not later than the first day of September of the school year in which the program is to be initiated. The board shall determine whether the buildings meet the requirements of this section and section 3301.53 of the Revised Code, and notify the superintendent of its determination. If the board determines, on the basis of the building plan or any other information, that the buildings do not meet those requirements, it shall cause the buildings to be inspected by the department of education. The department shall make a report to the superintendent specifying any aspects of the building that are not in compliance with the requirements of this section and section 3301.53 of the Revised Code and the time period that will be allowed the district, county MR/DD board, or school to meet the requirements.

Ohio Rev. Code § 3301.56

(A) The director of each preschool program shall be responsible for the following:

(1) Ensuring that the health and safety of the children are safeguarded by an organized program of school health services designed to identify child health problems and to coordinate school and community health resources for children, as evidenced by but not limited to:

(a) Requiring immunization and compliance with emergency medical authorization requirements in accordance with rules adopted by the state board of education under section 3301.53 of the Revised Code;

(b) Providing procedures for emergency situations, including fire drills, rapid dismissals, and tornado drills in accordance with section 3737.73 of the Revised Code, and keeping records of such drills or dismissals;

(c) Posting emergency procedures in preschool rooms and making them available to school personnel, children, and parents;

(d) Posting emergency numbers by each telephone;

(e) Supervising grounds, play areas, and other facilities when scheduled for use by children;

(f) Providing first-aid facilities and materials.

(2) Maintaining cumulative records for each child;

(3) Supervising each child’s admission, placement, and withdrawal according to established procedures;

(4) Preparing at least once annually for each group of children in the program a roster of names and telephone numbers of parents, guardians, and custodians of children in the group and, on request, furnishing the roster for each group to the parents, guardians, and custodians of children in that group. The director may prepare a similar roster of all children in the program and, on request, make it available to the parents, guardians, and custodians, of children in the program. The director shall not include in either roster the name or telephone number of any parent, guardian, or custodian who requests that his name or number not be included, and shall not furnish any roster to any person other than a parent, guardian, or custodian of a child in the program.

(5) Ensuring that clerical and custodial services are provided for the program;

(6) Supervising the instructional program and the daily operation of the program;

(7) Supervising and evaluating preschool staff members according to a planned sequence of observations and evaluation conferences, and supervising nonteaching employees.

(B)(1) In each program the maximum number of children per preschool staff member and the maximum group size by age category of children shall be as follows:

     (2) When age groups are combined, the maximum number of children per preschool staff member shall be determined by the age of the youngest child in the group….

… (C) In each building in which a preschool program is operated there shall be on the premises, and readily available at all times, at least one employee who has completed a course in first aid and in the prevention, recognition, and management of communicable diseases which is approved by the state department of health, and an employee who has completed a course in child abuse recognition and prevention.

(D) Any parent, guardian, or custodian of a child enrolled in a preschool program shall be permitted unlimited access to the school during its hours of operation to contact the parent’s, guardian’s, or custodian’s child, evaluate the care provided by the program, or evaluate the premises, or for other purposes approved by the director. Upon entering the premises, the parent, guardian, or custodian shall report to the school office.

Ohio Rev. Code § 3301.57

(A) For the purpose of improving programs, facilities, and implementation of the standards promulgated by the state board of education under section 3301.53 of the Revised Code, the state department of education shall provide consultation and technical assistance to school districts, county MR/DD boards, and eligible nonpublic schools operating preschool programs or school child programs, and inservice training to preschool staff members, school child program staff members, and nonteaching employees.

Ohio Rev. Code § 3301.58

(A) … No school district board of education, county MR/DD board, or eligible nonpublic school shall operate, establish, manage, conduct, or maintain a preschool program without a license issued under this section….

Ohio Admin. Code § 3301-37-02 [Preschool Licensing].

(A) No school district board of education, county MR/DD board, educational service center, or eligible nonpublic school shall operate, establish, manage, conduct or maintain a preschool program without a license issued under sections 3301.52 to 3301.59 of the Revised Code and this chapter of the Administrative Code. Preschool programs operated by a head start grantee or head start delegate agency shall be licensed under section 5104 of the Revised Code.

… (D) …Programs operated by a county MR/DD board for preschool children age three and older are required to be licensed [through the department of education].

Ohio Admin. Code § 3301-37-03 [Preschool Licensing]

…(F) The program shall have on file and provide to each parent a parent handbook that will encourage parental participation and keep parents informed about the program’s operations, services and policies. The handbook shall include information to advise parents how to obtain copies of inspection reports of the program and how to file a complaint.

Ohio Admin. Code § 3301-37-04 [Preschool Licensing]

(A) The director and staff shall be recruited, employed, assigned, evaluated, and provided in-service education in accordance with adopted board policies and without discrimination on the basis of age, color, national origin, race, sex, or handicap.

(B) The preschool staff member assigned in each preschool class shall be of good character, possess adequate physical and emotional health, be equipped by education, training, and/or experience for the work they are to perform, and meet the requirements as prescribed in division (B) of section 3301.54 of the Revised Code.

(C) Each director and preschool staff member shall be examined by a licensed physician not more than thirty days before employment. An employee medical statement shall be on file and be available for review by the department. A director or preschool staff members hired before July 1, 1988 shall be examined by a licensed physician not more than twelve months before the first day of school.

…(E) The director and staff shall be assigned responsibilities in accordance with written position descriptions commensurate with their certification and/or licensure pursuant to Chapter 3301-24 of the Administrative Code, and qualifications, respectively. The director and/or head teacher acting as the director shall be onsite at the preschool program at least half of the program’s operating hours.

(F) The director of the preschool program shall meet one of the following:

(1) A director in a preschool program operated by a public school shall hold either:

(a) A valid pre-kindergarten teaching certificate issued under section 3301.50 of the Revised Code.

(b) A valid elementary principal’s certificate issued under sections 3319.22 to 3319.29 of the Revised Code and have completed at least four courses in child development or early childhood education from an accredited college, university, or technical college.

(c) An early childhood license pursuant to paragraph (C) of rule 3301-24-05 of the Administrative Code.

… (3) A director employed prior to July 1, 1988 by a school district or an eligible nonpublic school to direct a program shall be considered to meet the requirements of this paragraph if he holds a valid kindergarten-primary certificate issued under sections 3319.22 to 3319.29 of the Revised Code.

(4) A director employed to direct a program operated by an eligible, nontax-supported, nonpublic school shall be considered to meet the requirements of this rule if he holds a valid teaching certificate issued in accordance with section 3301.071 of the Revised Code.

(5) A head teacher who meets the licensure requirements as described in paragraphs (F)(1), (F)(2), (F)(3), and (F)(4) of this rule, may be designated the director.

…(N) A director and preschool staff member shall provide evidence of a BCII investigation as required by section 3301.541 of the Revised Code.

(O) The preschool staff member/child ratio must be maintained at all times.

(1) Sufficient preschool staff members must be physically present with the children at all times to meet staff member/child ratio requirements.

(2) Each class/group shall have at least one head teacher as defined in paragraph (G) of this rule.

(3) No child shall ever be left alone or unsupervised.

(4) In each program the maximum number of children per preschool staff member and the maximum group size by age category of children shall be as follows:

… (P) At least two responsible adults shall be readily available at all times when seven or more children are present in the program. One adult shall be a preschool staff member. The second adult shall:

(1) Be available within the building used for the preschool program or in an adjacent outdoor area;

(2) Be able to be summoned by the preschool staff member without leaving the group alone or unsupervised; and

(3) Be able to react in response to such summons so as to reduce risk to children during an emergency circumstance.

(Q) When age groups are combined for programming purposes the following requirements must be met:

(1) When age groups are combined, the maximum number of children per preschool staff member shall be determined by the age of the youngest child in the group, except that when no more than one child, thirty months of age or older, receives care in a group in which all the other children are in the next older age group, the maximum number of children per preschool staff member and maximum group size requirements of the older age group established in paragraph (O) of this rule shall apply….

Ohio Admin. Code § 3301-37-05 [Preschool Licensing].

(A) The program shall be located in a safe and convenient facility and space that accommodates the enrollment, supports child growth and development according to program objectives, and meets the requirements of section 3301.55 of the Revised Code. The space shall be for the exclusive use of the children enrolled in the preschool program when that program is in session.

(B) The program shall provide written documentation of an annual fire inspection and approval of the facility. Annually means within twelve months of the previous fire inspection.

(C) A phone shall be available while the program is in session.

(D) The indoor space shall include not less than thirty-five square feet of usable, wall-to-wall, floor space for each child.

(1) Such floor space shall not include hallways, kitchens, storage areas, or any other areas not available for the care of children.

(2) Bathrooms shall be included only if they are used exclusively by children enrolled in the program when the program is in session.

(3) Square footage shall determine the maximum capacity or number of children that may be served in the space. Maximum group size shall not exceed the maximum capacity in any given space but maximum group size may be less than the capacity depending upon the ages of children served in the space.

(4) Spaces meeting the required square footage per child may be defined by barriers to serve more than one class/group of children. Barriers must be at lest thirty-six inches in height, may be permanent or nonpermanent walls, bookcases, partitions or some similar device used to define the area.

(E) Safe play space, including both indoor and outdoor play space, totaling not less than sixty square feet for each child using the space at any one time, shall be regularly available and scheduled for use.

(1) The surface of the outdoor play space shall be well drained.

(2) The play space shall be free of hazards such as, but not limited to, broken glass, potholes, garbage, flammable materials and other debris.

(3) The play area shall be well defined to protect children from traffic, animals, or other hazards.

(4) Child staff ratios are maintained at all times.

(5) Groups of children are supervised during the use of and traveling to and from the play area….

Ohio Admin. Code § 3301-37-06 [Preschool Licensing].

(A) Indoor and outdoor play space shall contain furniture, materials and equipment of appropriate size and type to meet the intellectual, physical, social and emotional needs of the preschool children enrolled in the program. Materials and equipment shall be:

(1) Maintained in a safe and sanitary condition; and

(2) Provided in quantities proportionate to the enrollment….

Ohio Admin. Code § 3301-37-10 [Preschool Licensing].

(A) A preschool staff member in charge of a child or a group of children shall be responsible for their discipline.

(B) The center shall have a written discipline policy describing the center’s philosophy of discipline and the specific methods of discipline used at the center. This written policy shall be on file at the center for review. Constructive, developmentally appropriate child guidance and management techniques are to be used at all times, and shall include such measures as redirection, separation from problem situations, talking with the child about the situation, and praise for appropriate behavior….

2007 H.B. 119, § 269.10.20

…(G) Each early childhood education program shall do all of the following:

(1) Meet teacher qualification requirements prescribed by section 3301.311 of the Revised Code;

(2) Align curriculum to the early learning content standards;

(3) Meet any assessment requirements prescribed by section 3301.0715 of the Revised Code that are applicable to the program;

(4) Require teachers, except teachers enrolled and working to obtain a degree pursuant to section 3301.311 of the Revised Code, to attend a minimum of twenty hours every two years of professional development as prescribed by the Department regarding the implementation of early learning program guidelines for school readiness;

(5) Document and report child progress;

(6) Meet and report compliance with the early learning program guidelines for school readiness.

7) Participate in early language and literacy classroom observation evaluation studies...

Early Learning Initiative

2007 H.B. 119, § 309.40.60

…(I) Each early learning program shall do all of the following: …

[These provisions for ELI are identical with the provisions for Early Childhood Education Programs under 2007 H.B. 119, § 269.10.20 (G), above.]

Early Learning Program Guidelines

The Early Learning Program Guidelines will serve as the foundation for all programs funded through the Ohio Department of Education, Office of Early Learning and School Readiness. The guidelines encompass the desired outcomes and goals considered essential for children’s learning and healthy development. The guidelines are organized into four sections, each with desired outcomes, goals and indicators. …

Delivery of Preschool Services:

Early Childhood Education Program

Ohio Rev. Code § 3313.646

… (C) A board of education may contract with any of the following preschool providers to provide preschool programs, other than programs for units described by divisions (B) and (C) of section 3317.05 of the Revised Code, for children of the school district:

1. Any organization receiving funds under the "Head Start Act";
2. Any nonsectarian eligible nonpublic school as defined in division (H) of section 3301.52 of the Revised Code;
3. Any child care provider licensed under Chapter 5104 of the Revised Code;

Boards may contract to provide preschool programs only with such organizations whose staff meet the requirements of rules under section 3301.53 of the Revised Code or those of the child development associate credential established by the national association for the education of young children.

(D) A contract entered into under division (C) of this section may provide for the board of education to lease school facilities to the preschool provider or to furnish transportation, utilities, or staff for the preschool program.

Early Learning Initiative

2007 H.B. 119, § 309.40.60 (B)

The Early Learning Initiative is hereby established. The Department of Education and the Department of Job and Family Services shall administer the Initiative in accordance with sections 5101.80 and 5101.801 of the Revised Code. …

Ohio Admin. Code § 5101:2-13-01

(F) … ELI will offer eligible children full-day and part-day early learning services and family supports for health, nutrition, social services and child care in center-based and family home programs. …

Requirements for Student Assessment and Program Evaluation:

Early Childhood Education Program

Ohio Rev. Code § 3301.57

…(B) The department and the school district board of education, county MR/DD board, or eligible nonpublic school shall jointly monitor each preschool program and each school child program.

If the program receives any grant or other funding from the state or federal government, the department annually shall monitor all reports on attendance, financial support, and expenditures according to provisions for use of the funds.

(C) The department of education, at least twice during every twelve-month period of operation of a preschool program or a licensed school child program, shall inspect the program and provide a written inspection report to the superintendent of the school district, county MR/DD board, or eligible nonpublic school. At least one inspection shall be unannounced, and all inspections may be unannounced. No person shall interfere with any inspection conducted pursuant to this division or to the rules adopted pursuant to sections 3301.52 to 3301.59 of the Revised Code.

Upon receipt of any complaint that a preschool program or a licensed school child program is out of compliance with the requirements in sections 3301.52 to 3301.59 of the Revised Code or the rules adopted under those sections, the department shall investigate and may inspect the program.

… (E) The department of education shall prepare an annual report on inspections conducted under this section. The report shall include the number of inspections conducted, the number and types of violations found, and the steps taken to address the violations. The department shall file the report with the governor, the president and minority leader of the senate, and the speaker and minority leader of the house of representatives on or before the first day of January of each year, beginning in 1999.

Ohio Admin. Code § 3301-37-03 [Preschool Licensing].

…(E) Children’s developmental progress shall be reviewed and reported to parent(s) at established intervals. All reporting shall be according to established procedures of the program’s governing board. A conference involving the teacher and parent shall be held at least twice a year.

Ohio Admin. Code § 3301-52-01

(A) Standards included in this section are intended to provide guidance for determining whether or not a practice related to use of child education assessment information is consistent with the purposes and intentions directing the collection of information. Except as otherwise specified, the following definitions are used in this rule:

(1) "Assessment" shall include educational information gathered for the purposes of demonstrating child progress, standardized achievement tests, competency based education assessments, and any other age-level assessments conducted program wide.

(2) "Screening" shall include information gathered for the purpose of determining whether a child should be referred for further assessment.

(3) "Program" shall mean all head start, public school preschool and preschool special education programs.

(4) "Appropriate staff" shall include any employee or volunteer who has access to the screening and assessment information, or participates in activities related to administering the screening instrument or assessment or interpreting results of the screening instrument or assessment.

(5) "Parent" shall mean parent as defined in section 3321.01 of the Revised Code

(B) Each program shall assure that all parents’ rights as specified in the Federal Education Rights and Privacy Act (34 CFR Part 99) and the state of Ohio special education regulations (ORC 5126.38) are afforded at each site. Each program shall:

(1) Document annual training of appropriate staff related to:

(a) Confidential nature of child records;

(b) Location of records and who may have access;

(c) Procedures for notice of destruction of information;

(d) Prior parent written consent for records release; and

(e) Out of program identification safeguards.

(2) Provide written information to parents regarding:

(a) The nature of the screening and assessment, the methods used to assess children and the timeline for the screening and assessment process;

(b) The uses of screening and assessment data and the decisions based on screening and assessment information; and

(c) The parents’ right to request someone who is qualified but does not work for the program to review the screening and assessment information.

(3) Provide written information to parents regarding kindergarten entrance including:

(a) That a child’s screening and assessment data cannot be used to determine eligibility to enter kindergarten, and

(b) The only criterion for entrance into kindergarten is age eligibility as specified in section 3321.13 of the Revised Code.

(C) This rule shall not be exempted for "effective" or in need of "continuous improvement" districts pursuant to paragraph (E) of rule 3301-101-01 of the Administrative Code.

2007 H.B. 119, § 269.10.20

…(C) The Department shall provide an annual report to the Governor, the Speaker of the House of Representatives, and the President of the Senate and post the report to the Department's web site, regarding early childhood education programs operated under this section and the early learning program guidelines for school readiness.

… (G) Each early childhood education program shall do all of the following:

… (3) Meet any assessment requirements prescribed by section 3301.0715 of the Revised Code that are applicable to the program;

… (5) Document and report child progress;

(6) Meet and report compliance with the early learning program guidelines for school readiness.

Early Learning Initiative

2007 H.B. 119, § 309.40.60

…(I) Each early learning program shall do all of the following: …

[These provisions for ELI are identical with the provisions for Early Childhood Education Programs under 2007 H.B. 119, § 269.10.20 (G), above.]