State Preschool Program

Overview

Oklahoma offers all four-year-old children the opportunity to attend an early childhood education program free of charge. The Early Childhood Four-Year-Old program is administered by the department of education and funded through the school funding formula. A child who resides in a school district that does not offer an early childhood program or does not have the physical facilities or teaching personnel to accommodate the child may transfer to a district where an early childhood program is offered, provided that program can accommodate the child. According to the National Institute for Early Education Research (NIEER), Oklahoma served 70% of all four-year-olds during the 2005-2006 school year, ranking first in the nation on access to state-funded preschool.

State Policy

In an executive order establishing the Task Force on Early Childhood Education, the Governor stressed how important it is for children to arrive at school ready to learn and recognized that much can be done during the formative years to "equip children with eagerness and ability to learn." The state has addressed the needs of young children by funding a high quality preschool program for all four-year-olds.

Eligibility Criteria

Oklahoma’s preschool program is open to all four-year-olds who have not attended a public kindergarten program, regardless of their socioeconomic circumstances.

Program Length/Duration

Oklahoma offers both half-day (2 ½ hours per day) and full day (6 hours per day) preschool programs. All programs must provide a minimum of 2 ½ hours of instruction per day, except during the first five days of the semester.

Funding

Children in Oklahoma’s preschool program are counted in the average daily membership of the district in which they attend school for the purpose of calculating State Aid, which means that districts that opt to provide preschool are reimbursed through the school funding formula for each child enrolled. State Aid may be advanced to school districts to provide startup funds for the implementation of early childhood programs.

Quality Standards

In a national survey of quality standards, the National Institute for Early Education Research (NIEER) gave Oklahoma’s preschool program a rating of 9 out of 10. Oklahoma’s preschool program has comprehensive curriculum content standards, a maximum class size of 20 and a staff/child ratio of 1:10. Oklahoma’s regulations also set forth guidelines for learning environments and minimum space requirements. All pre-k teachers in the state funded program are required to be certified in early childhood education and participate in at least 15 hours per year of in-service training. The state also meets NIEER’s benchmark for monitoring through site visits. In June 2005, Oklahoma added screening and referral for vision and hearing to its program requirements, meeting NIEER’s benchmark for screening/referral and support services. The only benchmark in the NIEER rating system not met by Oklahoma is a CDA or equivalent credential for assistant teachers.

Delivery of Preschool Services

Oklahoma school districts have many options for collaboration in the provision of preschool. They may offer early childhood education programs in cooperation with other districts or through district transfers. They may also contract with a private or public provider of early childhood education programs or contract for classroom space with a licensed public or private childcare provider. If a district contracts with a private or public provider other than another school district, the provider must meet all state standards and specified teacher certification requirements.

Requirements for Student Assessment and Program Evaluation

There are no requirements for student assessment or program evaluation of Oklahoma’s preschool program.

Education Clause in State Constitution

The Oklahoma State Constitution requires the legislature to "establish and maintain a system of free public schools wherein all the children of the State may be educated" and to "raise and appropriate funds for the annual support of the common schools." It vests the supervision of instruction in the public schools in a Board of Education.

Summary of Case Law on School Finance System

The Oklahoma Supreme Court has stated that State Aid is designed to insure "equal rights and privileges" and "uniformity of opportunity" to a minimum educational program, which includes competent teachers, general facilities, and a sufficiently long school term. Nevertheless, in Fair School Finance Council of Oklahoma v. State, the Supreme Court upheld the system of state finance against a constitutional challenge, holding that "state funds do not have to be allocated to the districts on an equal per-pupil basis, but may be distributed as the Legislature sees fit." The Court refused to subject the system to strict judicial scrutiny, stating that there is not necessarily a fundamental right to education merely because it is mentioned in the State Constitution. Instead, the Court gave great deference to the legislature, finding that it had not acted in an arbitrary and capricious manner.

In January 2006, the Oklahoma Education Association and three school districts filed a new challenge to the education funding system alleging that it failed to provide resources sufficient for children to receive an adequate education under the state constitution. The Oklahoma Supreme Court upheld the district court’s dismissal of this case, holding that the plaintiffs’ claim was a non-justiciable political question.

Summary of Case Law on Preschool

The courts have not decided any cases related to Oklahoma’s preschool education program.

Constitutional Provisions on Public Education

Okl. Const. art. 1, § 5

Provisions shall be made for the establishment and maintenance of a system of public schools, which shall be open to all the children of the state and free from sectarian control; and said schools shall always be conducted in English: Provided, that nothing herein shall preclude the teaching of other languages in said public schools.

Okl. Const. art. 13, § 1

The Legislature shall establish and maintain a system of free public schools wherein all the children of the State may be educated.

Okl. Const. art. 13, § 1a

The Legislature shall, by appropriate legislation, raise and appropriate funds for the annual support of the common schools of the State to the extent of forty-two ($ 42.00) dollars per capita based on total state-wide enrollment for the preceding school year. Such moneys shall be allocated to the various school districts in the manner and by a distributing agency to be designated by the Legislature; provided that nothing herein shall be construed as limiting any particular school district to the per capita amount specified herein, but the amount of state funds to which any school district may be entitled shall be determined by the distributing agency upon terms and conditions specified by the Legislature, and provided further that such funds shall be in addition to apportionments from the permanent school fund created by Article XI, Section 2, hereof.

Okl. Const. art. 13, § 5

The supervision of instruction in the public schools shall be vested in a Board of Education, whose powers and duties shall be prescribed by law. The Superintendent of Public Instruction shall be President of the Board. Until otherwise provided by law, the Governor, Secretary of State, and Attorney General shall be ex-officio members, and with the Superintendent, compose said Board of Education.

Case Law on the Right to Public Education and Preschool

Is Education a Fundamental Right under the State Constitution?

Fair Sch. Fin. Council of Oklahoma v. State, 746 P.2d 1135, 1148-50 (1987)

The Oklahoma Supreme Court held that fundamental rights are not necessarily determined by whether they are provided for within the Constitution itself, and that there is not necessarily a fundamental right to education merely because it is mentioned in the State Constitution. The Court added that even if it were to "assum[e] that education is a fundamental interest," the State’s school finance system should not be subjected to strict judicial scrutiny.

School Finance Cases in Favor of Plaintiffs:

None, but see the following cases in which the Oklahoma Supreme Court discussed the state’s obligation to establish and maintain a system of free public schools:

Miller v. Childers, 238 P. 204, 205-06 (1924)

The Supreme Court of Oklahoma upheld a bill proposing to provide aid for weak school districts, finding that it was a lawful assumption of the duty imposed on the legislature by article 13, section 1 of the Constitution to "establish and maintain a system of free public schools wherein all the children of the state may be educated."

Wells v. Childers, 163 P.2d 1015, 1017 (1947)

The Court in this case enjoined the implementation of a statute appropriating money to the State Board of Education to aid "financially weak school districts in building and equipping adequate school buildings.". The Court found the classification to be "arbitrary" because it did not "embrace all weak school districts that naturally come within the classification of those in equal need of assistance," and therefore violated Section 59 of Article 5 of the State Constitution,

which provides that "[l]aws of a general nature shall have a uniform operation throughout the State . . . ."

Standard for a Constitutionally Adequate Education:

Miller v. Childers, 238 P. 204, 206 (1924)

The Oklahoma Supreme Court stated in this case that the constitutional duty to "‘establish and maintain a system of free public schools wherein all the children of the state may be educated’ implies an efficient and sufficient system, with competent teachers, necessary general facilities, and school terms of such duration as may be necessary to properly implant in the minds of our youth such degree of learning that when the work is done they may be educated young men and women." The "system" should provide "equal rights and privileges to all its youth to obtain such mental and moral training as will make them useful citizens in our great commonwealth."

Sch. Dist. No. 25 of Woods County v. Hodge, 183 P.2d 575, 581 (1947)

The Oklahoma Supreme Court held in this case that State Aid was "intended to aid in assuring a minimum educational program for all children of the state" and was designed "to insure uniformity of opportunity to all children of the state to receive at least the degree of instruction embraced by the minimum program . . . ."

Fair Sch. Fin. Council of Oklahoma v. State, 746 P.2d 1135, 1149 (1987)

In discussing the nature of the right guaranteed by article 13, section 1 of the State Constitution, the Supreme Court acknowledged it "is a basic, adequate education according to the standards that may be established by the State Board of Education." (emphasis in original).

School Finance Cases against Plaintiffs:

Fair Sch. Fin. Council of Oklahoma v. State, 746 P.2d 1135, 1150 (1987)

The Oklahoma Supreme Court upheld the state system of school finance against constitutional challenge, holding that "state funds do not have to be allocated to the districts on an equal per-pupil basis, but may be distributed as the Legislature sees fit," and finding that the state legislature had not acted in an arbitrary and capricious manner.

See also Opinion No. 95-111 of the Oklahoma Attorney General, 1996 WL 161301 (Okl.A.G. Mar. 25, 1996)

When asked to determine the constitutionality of the State Aid formula, the state attorney general found, relying on Fair School Finance Council of Oklahoma v. State and article 13, section 1a of the Oklahoma Constitution, that the school funding formula is not unconstitutional merely because, in some instances, per pupil expenditures may be unequal.

Oklahoma Education Association, et al. v. State of Oklahoma, 158 P.3d 1058 (Okla. 2007)

In January 2006, the Oklahoma Education Association and three school districts filed a challenge to the school finance system under the education clause in the state constitution. The complaint alleges that the current funding level is inadequate for both instructional and facilities needs and fails to provide the resources needed for students to meet state curriculum standards and accountability measures. Plaintiffs contend Oklahoma is 48th among 50 states in per pupil spending. They allege local school districts are underfunded by $1 billion and capital construction is underfuned by $3 billion. The complaint does not make a specific claim relating to Okalahoma’s pre-k program, but because the program is funded through the school finance formula, the outcome of the case could impact pre-k funding.

In July 2006, the district court dismissed the complaint on the ground that school funding involved political questions not within the court’s jurisdiction.On appeal, the Oklahoma Supreme Court affirmed the dismissal.

Decisions Ruling School Finance Issues Were Non-Justiciable:

Oklahoma Education Association, et al. v. State of Oklahoma, 158 P.3d 1058 (Okla. 2007)

The plaintiffs claim that the state had failed to appropriate sufficient funding to Oklahoma schools to provide all students with a uniform, adequate education—as required by the state constitution—was a non-justiciable political question, according to the Oklahoma Supreme Court:

“ The plaintiffs are attempting to circumvent the legislative process by having this Court interfere with and control the Legislature's domain of making fiscal-policy decisions and of setting educational policy by imposing mandates on the Legislature and by continuing to monitor and oversee the Legislature. To do as the plaintiffs ask would require this Court to invade the Legislature's power to determine policy. This we are constitutionally prohibited from doing.”

See also Fair Sch. Fin. Council of Oklahoma v. State, 746 P.2d 1135, 1150 (1987)

"[O]ur constitution places few restrictions on the Legislature’s power to provide a school system for the state and the methods employed by the legislature in doing so are largely within its discretion. When these methods are challenged, the only justiciable question is whether the Legislature acted within its powers."

Cases Related to State-Funded Preschool:

None.

Pending School Finance Cases:

None.

Statutes, Regulations and Guidance Documents on State Preschool Program

70 Oklahoma Statutes (Okla. Stat.) § 1-114, Free attendance—Admission to early childhood programs—Enrollment in kindergarten and first grade—Nonresident tuition fee

70 Oklahoma Statutes (Okla. Stat.) § 11-103.7, Early childhood education programs—Standards

Oklahoma Administrative Code (Okla. Admin. Code) 210.15-11-1 et seq., Early Childhood Education Programs

Provisions Expressing State Policy on Preschool:

Executive Order 2000-04, Okla. Admin. Code 1:2000-4A

It is vital that children arriving at school be prepared to learn. During the formative pre-school years, much can be done to equip children with eagerness and ability to learn. It is the charge of [the Governor’s Task Force on Early Childhood Education] to bring forth ideas and recommendations for improving the methods currently used to prepare children for the learning experience. There is a critical need for a comprehensive assessment of government and private sector responses to the problems associate with early childhood education.

Eligibility Criteria for State Preschool Program:

70 Okla. Stat. § 1-114(B): All children who are at least four (4) years of age but not more than five (5) years of age on or before September 1 and who have not attended a public school kindergarten . . . .

70 Okla. Stat. § 11-103.7(B): . . . children who are at least four (4) years of age on or before September 1 of the ensuing school year . . . [Early childhood education programs] shall . . .

(2) Accommodate the needs of all children and families regardless of socioeconomic circumstances.

Program Length/Duration:

70 Okla. Stat. § 11-103.7(B): . . . both half-day programs consisting of not less than two and one-half (2 1/2 ) hours per school day, and full-day programs of six (6) hours.

70 Okla. Stat. § 1-114(B): … half-day or full-day early childhood programs ….

Okla. Admin. Code 210:35-3-46(h): The local board shall adopt a school calendar and school day consistent with statutory requirements in Oklahoma . . . .

(1) The early childhood school day shall consist of not less than 2 1/2 hours per session. Early childhood may meet less than 2 1/2 hours a day the first five (5) days of school.

Okla. Admin. Code 210:15-11-2(c): A child may attend less than the two and one-half (2 ½) hours a day the first five (5) days of the semester.

Scope of State’s Responsibility to Provide Preschool:

70 Okla. Stat. § 11-103.7(A): Each school district may offer to four-year-old children the opportunity to participate in an early childhood education program.

Scope of State's Responsibility to Fund Preschool:

70 Okla. Stat. § 1-114(B): (1) [Four year old children] shall be entitled to attend . . . early childhood programs in their district of residence free of charge as long as the district has the physical facilities and teaching personnel to accommodate the child. For purposes of calculation of State Aid, children in an early childhood education program shall be included in the average daily membership of the district providing the program. (2) . . . Children who are accepted in a program outside their district of residence . . . shall be included in the average daily membership of the district providing the program for State Aid funding subject to the State Aid formula weight limitations set forth in paragraph 1 of this subsection.

70 Okla. Stat. § 18-201.1

A. Beginning with the 1997-98 school year, and each school year thereafter, the weighted membership of a school district for calculation of Foundation Aid purposes pursuant to paragraph 1 of subsection D of Section 18-200.1 of this title shall be the sum of the weighted pupil grade level calculation, the weighted pupil category calculation, the weighted district calculation and the weighted teacher experience and degree calculation . . . .

B. The weighted calculations provided for in subsection A of this section shall be based on the highest weighted average daily membership of the first nine (9) weeks of the current school year, the preceding school year or the second preceding school year of a school district, unless otherwise specified. The highest of the three (3) weighted average daily memberships shall be used consistently in all of the calculations . . . The weighted calculations provided for in subsection A of this section shall be determined as follows:

1. The weighted pupil grade level calculation shall be determined by taking the highest average daily membership and assigning weights to the pupils according to grade attended as follows:

Multiply the membership of each subparagraph of this paragraph by the weight assigned to such subparagraph of this paragraph and add the totals together to determine the weighted pupil grade level calculation for a school district. Determination of the pupils eligible for the early childhood program weight shall be pursuant to the provisions of Section 1-114 of this title . . . .

70 Okla. Stat. § 18-200.1(H), as amended by 2004 Okla. Sess. Law Serv. Ch. 5 (H.B. 2725): In order to provide startup funds for the implementation of early childhood programs, State Aid may be advanced to school districts that initially start early childhood instruction at a school site. School districts that desire such advanced funding shall make application to the State Department of Education no later than September 15 of each year and advanced funding shall be awarded to the approved districts no later than October 30. The advanced funding shall not exceed the per pupil amount of State Aid as calculated in subsection D of this section per anticipated Head Start eligible student. The total amount of advanced funding shall be proportionately reduced from the monthly payments of the district's State Aid payments during the last six (6) months of the same fiscal year.

Source of Funding for Preschool Program:

No statutory/regulatory provisions.

Scope of Child's Right to Attend Preschool:

70 Okla. Stat. § 1-114(B): All children who are at least four (4) years of age but not more than five (5) years of age on or before September 1 and who have not attended a public school kindergarten shall be entitled to attend half-day or full-day early childhood programs at any public school in the state where such programs are offered; provided no child shall be required to attend any early childhood education program. The following paragraphs shall govern early childhood programs:
 
   1. Children who are at least four (4) years of age but not more than five (5) years of age on or before September 1 shall be entitled to attend either half-day or full-day early childhood programs in their district of residence free of charge as long as the district has the physical facilities and teaching personnel to accommodate the child….

   2. A child who has not reached the age of five (5) years on or before September 1 and who resides in a district which does not offer an early childhood program shall be eligible for transfer to a district where an early childhood program is offered if the district that offers the early childhood program agrees to the transfer. A district offering early childhood programs may refuse to accept a nonresident child if the district does not have the physical facilities or teaching personnel to accommodate the child in an early childhood education class. If the child requesting the transfer has not reached the age of four (4) years on or before September 1, the district may refuse to accept the nonresident child if the district determines the child is not ready for an early childhood program….

Curriculum Content Standards for Preschool Program:

70 Okla. Stat. § 11-103.7(B): The State Board of Education shall promulgate standards for early childhood education programs for children who are at least four (4) years of age on or before September 1 of the ensuing school year. . . . Such program shall:
 
   1. Be directed toward developmentally appropriate objectives for such children, rather than toward academic objectives suitable for older children; . . .
 
Okla. Admin. Code 210:15-11-2(g): The curriculum shall be appropriate for the age and developmental level of the students. A process to provide continuity between the early childhood program and the kindergarten program shall be established.

"Pre-Kindergarten Curriculum Guidelines" and "Developmental Learning Skills" are available on the Oklahoma State Department of Education website.

Teacher Certification/Qualification Standards for Preschool Program:

70 Okla. Stat. § 11-103.7

...B. The State Board of Education shall promulgate standards for early childhood education programs for children who are at least four (4) years of age on or before September 1 of the ensuing school year. The standards shall include both half-day programs consisting of not less than two and one-half (2 1/2) hours per school day, and full-day programs of six (6) hours. The standards for all early childhood education programs shall require a certified teacher, as specified in this section, to be present in the classroom for the length of the school day. Such program shall:

... 3. Require that any teacher employed by a public school to teach in such early childhood education program shall be certified in early childhood education.

…D. A school district may offer such early childhood education program within the district, in cooperation with other districts, through the use of transfers as specified by law, or by contracting with a private or public provider of early childhood education programs, or by contracting for classroom space with a licensed public or private child care provider based upon selection criteria established by the district. If the program is provided through contract with a private or public provider other than a school district, the contract may only be continued if each teacher serving the school on and after January 1, 1993, is certified in early childhood education, except that all teachers, without such certification, hired by such provider prior to January 1, 1993, and serving in the school as an early childhood education teacher shall be required to obtain certification on or before the beginning of the 1996-97 school year. Any person who has been employed as an early childhood educator with the Head Start Program, has a child development associate degree (CDA) and has at least five (5) years of experience in such employment shall be certified in early childhood education for purposes of employment in the public schools of this state to teach in early childhood education for children four (4) years of age and younger; if such person is recertified in child development by the Council for Early Childhood Professional Recognition within five (5) years prior to the expiration of the person's early childhood certificate that was issued by the State Board of Education, such person shall be granted a renewal certificate in early childhood education by the State Board of Education upon expiration of the early childhood certificate. Provided, private or public providers shall meet such other standards required by law and by the State Board of Education.

E. If an early childhood program is provided by a private or public provider pursuant to a contract as authorized in this section, the contract shall address the requirements for implementing the residency program for resident teachers as required in Section 6-195 of this title. Teachers employed by a private or public provider in an early childhood education program provided through contract with a public school district shall receive in salary and/or fringe benefits amounts not less than the amounts specified in the schedule set forth in Section 18-114.7 of this title.

Other Quality Standards for Preschool Program:

70 Okla. Stat. § 11-103.7(B): The State Board of Education shall promulgate standards for early childhood education programs for children who are at least four (4) years of age on or before September 1 of the ensuing school year. The standards shall include both half-day programs consisting of not less than two and one-half (2 1/2) hours per school day, and full-day programs of six (6) hours.

Okla. Admin. Code 210:15-11-2

• (a) The number of children in a group shall not exceed twenty (20). The adult child ratio shall not exceed 1:10. Any enrollment that exceeds ten (10) shall require the employment of a teacher assistant.
• (b) The school district shall ensure the teacher assistant is provided professional development in early childhood education . . . .
• (d) The program shall encourage family involvement to support the child's education experience.
• (e) The learning environment shall:
  • (1) be arranged to provide for individual and group learning experiences
  • (2) be equipped with movable furniture of the correct size
  • (3) have adequate materials and supplies available in sufficient quantities to meet the needs of the children in the class
  • (4) have restroom facilities that will accommodate four-year-olds
  • (5) provide for a playground area that is accessible and safe
• (f) It is recommended that space requirements be based on thirty-five (35) square feet per child, and that the classroom have a sink with running water. . . .
• (h) The school district shall provide for individual student screening and referral for vision and hearing.

Okla. Admin. Code 210:35-5-41: The number of children in an early education class shall not exceed 20. The child:adult ratio shall not exceed 10:1. Any enrollment that exceeds 10 shall require the employment of a teacher assistant.

Delivery of Preschool Services:

70 Okla. Stat. § 11-103.7

... D. A school district may offer such early childhood education program within the district, in cooperation with other districts, through the use of transfers as specified by law, or by contracting with a private or public provider of early childhood education programs, or by contracting for classroom space with a licensed public or private child care provider based upon selection criteria established by the district ...

Requirements for Student Assessment and Program Evaluation:

None.