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Oregon
 

State Preschool Program

Overview

The Oregon Head Start Prekindergarten program is a state-funded supplement to the federal Head Start program, serving low-income children. Funds are allocated on a competitive grant basis to expand slots in Head Start programs or establish and maintain new or expanded prekindergarten programs in school districts and private childcare centers. All grantees must follow federal Head Start program standards

According to the National Institute for Early Education Research (NIEER), this program used $27.7 million to serve 3,486 three- and four-year olds in 2005-2006. This was in addition to 7,242 children served with federal Head Start funding. The budget for FY 2008 and FY 2009 gives a significant boost to the program, allocating $41.7 million in FY 2008 and $53.5 million in FY 2009. This increase is anticipated to serve an additional 3,200 three- and four-year-olds.

State Policy

The Oregon prekindergarten statutes give high priority to quality early childhood education programs because of their economic and social benefits.

Eligibility Criteria

The program focuses on providing services to low-income children, ages three and four, who meet Head Start eligibility (family income below the federal poverty level) but are not participating in a federal Head Start program or similar federal, state, or local program of comprehensive services. However, 20% of the slots can be used for children from families who do not meet the federal Head Start income eligibility requirements. The State Board of Education is charged with setting increased income and age limits in order to serve other children with the greatest need for prekindergarten, but limited funding has prevented it from doing so.

Program Length/Duration

Oregon requires providers to meet federal Head Start standards regarding program length and duration. The prekindergarten program must meet at least four days a week for a minimum of three and one-half to a maximum of six hours per day. The program year must be at least 32 weeks long.

Funding

The program is funded through legislative appropriations made to the Prekindergarten Program Trust Fund. These funds are distributed to school districts, Head Start agencies, and private, nonsectarian providers through a competitive grant process administered by the state Department of Education. The State Board of Education gives priority to grants for counties or regions that have identified unmet needs in their local early childhood system plans. Grants may be used to establish and maintain new or existing Oregon prekindergarten programs, and may not be used to supplant existing, federally funded Head Start programs.

Although state law had mandated full funding for all eligible children by 2004, that deadline was removed in 2007, although the express statutory goal remains “full funding for all eligible children.” Large appropriation increases in FY 2008 and FY 2009 bring the state closer to that goal.

The Oregon Head Start Prekindergarten program does not require any fees or co-payments from participants.

Quality Standards

In a national survey of quality standards, the National Institute for Early Education Research (NIEER) gave the Oregon Head Start Prekindergarten program a rating of seven out of ten. The state requires this program to comply with the federal Head Start Program Performance Standards, which meet NIEER’s quality benchmarks in the following areas: provision of health screening and referral, family support services, and meals for all children participating in the program; maximum class size of 17 for three-year-olds and 20 for four-year-olds; and staff/child ratio of 2:17 for three-year-olds and 1:10 for four-year-olds. Head Start teacher guidelines require teachers to possess a minimum of a child development associate credential (CDA), which does not meet the NIEER goal of requiring a bachelor’s degree for all teachers. Assistant teachers only need a high school degree or its equivalent, not the CDA necessary to meet the NIEER benchmark. Oregon has no teacher in-service requirement for pre-k teachers, also inadequate under NIEER’s benchmark of 15 hours or more per year.

Oregon has adopted early learning standards. The state also requires providers to meet the federal Head Start provisions on implementing a developmentally appropriate curriculum that provides for the social, emotional, physical, cognitive and linguistic needs of the children. These standards are incorporated into the Head Start Child Outcomes Framework. The state also requires extensive support services and parental involvement, and makes periodic site visits to monitor grantees.

Delivery of Preschool Services

The Oregon Department of Education administers the Oregon Head Start Prekindergarten program. The competitive grant process is open to public school districts, Head Start agencies, and private, nonsectarian child care centers, and coordination of resources among providers is strongly encouraged.

Requirements for Student Assessment and Program Evaluation

Oregon requires the Superintendent of Public Instruction to report every two years to the legislature on the effectiveness of the prekindergarten program, and the Department of Education has an ongoing duty to monitor and assess the program. Ongoing student observation and assessment is required under federal Head Start program standards.

Legal Framework

Education Clause in State Constitution

The education clause of the Oregon constitution requires the legislature to establish a school system that is "uniform and general." The state is charged with allocating funding to counties based on the number of children ages four to twenty residing therein. The constitution also mandates that the legislature appropriate sufficient funds every two years "to ensure that the state's system of public education meets quality goals established by law."

Summary of Case Law on School Finance System

The Oregon Supreme Court has declined to determine whether education is a fundamental right. In a series of cases beginning in 1976, the Oregon courts have consistently upheld the state’s various school funding schemes against challenges under the uniformity and equal protection provisions of the state constitution.

In 2006, a group of school districts, parents, and students sued the state, alleging that the statewide education budget for 2005-2007 fails to meet constitutional requirements. An amendment to the state constitution in 2000 requires the legislature to appropriate, as part of the biennial budget, "a sum of money sufficient to ensure that the state's system of public education meets quality goals established by law." The case was dismissed before trial on summary judgment and is now on appeal to the state Court of Appeals.

Summary of Case Law on Preschool

No cases have addressed preschool issues.

Constitutional Provisions on Public Education

Ore. Const. Art. VIII, § 3

The Legislative Assembly shall provide by law for the establishment of a uniform and general system of Common schools.

Ore. Const. Art. VIII, § 4

Provision shall be made by law for the distribution of the income of the common school fund among the several Counties of this state in proportion to the number of children resident therein between the ages, four and twenty years.

Ore. Const. Art. VIII, § 8

(1) The Legislative Assembly shall appropriate in each biennium a sum of money sufficient to ensure that the state's system of public education meets quality goals established by law, and publish a report that either demonstrates the appropriation is sufficient, or identifies the reasons for the insufficiency, its extent, and its impact on the ability of the state's system of public education to meet those goals.

(2) Consistent with such legal obligation as it may have to maintain substantial equity in state funding, the Legislative Assembly shall establish a system of Equalization Grants to eligible districts for each year in which the voters of such districts approve local option taxes as described in Article XI, section 11(4)(a)(B) of this Constitution. The amount of such Grants and eligibility criteria shall be determined by the Legislative Assembly.

Case Law on the Right to Public Education and Preschool

Is Education a Fundamental Right under the State Constitution?

The Oregon Supreme Court, in Olsen v. State, 276 Ore. 9, 19, 554 P.2d 139, 144 (1976), declined to decide whether education is a fundamental right for purposes of an equal protection challenge, finding that such a classification "is not a helpful method of analysis." Instead, the Court adopted the New Jersey balancing test utilized in Robinson v. Cahill, 62 N.J. 473, 303 A.2d 273 (1973). "Under this approach the court weighs the detriment to the education of the children of certain districts against the ostensible justification for the scheme of school financing. If the court determines the detriment is much greater than the justification, the financing scheme violates the guarantee of equal protection." 276 Ore. at 20, 554 P.2d at 145. The Oregon Court applied the balancing test and rejected the plaintiffs’ equal protection claim.

School Finance Cases in Favor of Plaintiffs:

None.

Standard for a Constitutionally Adequate Education:

Courts in Oregon have not established standards for educational adequacy. An amendment to the state constitution in 2000, however, mandated that the state legislature appropriate sufficient funds "to ensure that the state's system of public education meets quality goals established by law." Quality goals for the state’s K-12 system were subsequently established by the legislature in eight statutes, enumerated in Ore. Rev. Stat. § 327.506, and include school system characteristics, policy objectives, curriculum goals and content standards, and teacher certification standards.

School Finance Cases against Plaintiffs:

State Court Decisions Against Plaintiffs in School Finance Cases and Basis for Decision:

Olsen v. State, 276 Ore. 9, 554 P.2d 139 (1976)

The Oregon Supreme Court upheld the state’s system of school finance, ruling that the fact that property-poor districts had less local control than property-rich districts because of the disparity in property tax revenue did not amount to a violation of the equal protection clause of the state constitution. Although the Court agreed that certain property-poor districts demonstrated "substantial deficiencies in educational opportunities," this detriment did not outweigh the "local control" justification of the state’s school financing scheme under the Court’s equal protection balancing test.

The Court also held that the school financing statutes did not violate the state constitutional requirement for "a uniform and general system of common schools," which is satisfied when "the state requires and provides for a minimum of educational opportunities in the district and permits the districts to exercise local control over what they desire, and can furnish, over the minimum." 276 Ore. at 27, 554 P.2d at 148.

Coalition for Equitable School Funding, Inc. v. State, 311 Ore. 300, 811 P.2d 116 (1991)

In 1987, eleven years after Olsen v. State, 276 Ore. 9, 554 P.2d 139 (1976), discussed above, the state constitution was amended to provide a so-called Safety Net, which allowed school districts to continue to levy property taxes, without voter approval, in order to meet operational expenses. In Coalition for Equitable School Funding, Inc. v. State, 311 Ore. 300, 811 P.2d 116 (1991), plaintiffs (55 school districts, taxpayers, parents, and students) asserted that the state's new method of funding public schools, which resulted in disparities among school districts in financial benefits and tax burdens, violated the state constitutional provision establishing a uniform and general system of common schools, the provision requiring uniform taxation, and the equal protection clause. The Oregon Supreme Court, however, found that the financing system was valid under the safety net provision of the state constitution which "contemplates and permits" district differences in taxation and spending and "explicitly directs school districts to meet state standards with property taxes." 311 Ore. at 309, 311, 811 P.2d at 120,121.

Withers v. State, 133 Ore. App. 377, 389, 891 P.2d 675, 682 (Withers I), review denied 321 Ore. 284, 896 P.2d 1213 (1995)

Three junior high school students alleged that, although the statutory school funding formula was "fair and equitable," a transition mechanism which phased in full funding and capped annual increases led to disparities in funding and educational opportunities, resulting in an unconstitutional failure to implement funding in a uniform manner. The trial judge found the statutory scheme constitutional and dismissed the action, and the state court of appeals affirmed.

Relying on Olsen v. State, discussed above, the Court of Appeals held that the state constitutional mandate of a uniform public education system did not require district-by-district equality of educational opportunities or resources. On the equal protection claim, the Court of Appeals held that there was a rational basis for phasing in an equalization formula, because districts whose funding would be cut significantly under the equalization formula would be harmed by immediate or sudden equalization.

Withers v. State, 163 Ore. App. 298, 987 P.2d 1247 (1999) (Withers II), review denied 331 Ore. 284, 18 P.3d 1101 (2000)

After the decision in Withers I, discussed above, the legislature extended the equalization transition or phase-in formula another two years, and the plaintiffs returned to court to challenge the constitutionality of the legislation. Although this time the trial court agreed with the plaintiffs, the Court of Appeals reversed, again finding that the system adopted by the state legislature had the rational purpose of working towards equality in funding without inflicting "sudden and dramatic funding cuts on certain school districts." 163 Ore. App. at 309, 987 P.2d at 1252-1253.

Decisions Ruling School Finance Issues Were Non-Justiciable:

None.

Cases Related to State-Funded Preschool:

None.

Pending School Finance Cases:

Pendleton School District 16R v. State (Cir. Ct., Multnomah Cty.), filed Mar. 21, 2006

In 2000, an amendment to Oregon’s constitution was adopted which required the legislature to "appropriate in each biennium a sum of money sufficient to ensure that the state's system of public education meets quality goals established by law." That provision is the focus of the Pendleton case. Plaintiffs in this case—six school districts and five parents, suing as taxpayers and on behalf of their children (students in the plaintiff districts)—assert that the education budget passed by the legislature for the 2005-2007 biennium is $1.8 billion short of what is necessary to ensure that public education in Oregon meets the quality goals established by statute. Plaintiffs allege a number of serious deficiencies in Oregon schools that won’t improve without additional funding, including overcrowding, teacher shortages, inadequate textbooks, low NAEP and other test results, low high school graduation rates, and high pupil/teacher ratios.

The plaintiffs seek a declaration that the legislature must appropriate a sufficient amount of money for the 2005-2007 biennium to satisfy the constitutional requirements, specifically the $7.1 billion recommended by the Quality Education Commission rather than the $5.3 billion passed by the legislature.

In September 2006, prior to trial, the case was dismissed on summary judgment and is now on appeal to the state Court of Appeals. The appeal has been briefed and argued, and a decision is expected in 2008.

Statutes, Regulations and Guidance Documents on State Preschool Program

Oregon Revised Statutes (Ore. Rev. Stat.) § 327.506, Quality goals for the system

Oregon Revised Statutes (Ore. Rev. Stat.) § 329.160 et seq., Early Childhood Education

Oregon Administrative Rules (Ore. Admin. R.) 581-019-0005 et seq., Prekindergarten

H.B. No. 5019 (2007), Appropriations

Oregon Early Childhood Foundations Birth Through Five (October 2006)

Note: The State of Oregon has adopted federal Head Start program guidelines for its prekindergarten program.

Head Start Act, 42 U.S.C. § 9801 et seq.

Head Start Regulations, 45 CFR Parts 1304-1306

Head Start Child Outcomes Framework

Provisions Expressing State Policy on Preschool:

Ore. Rev. Stat. § 329.153

(1) It is the policy of the Legislative Assembly that programs and strategies that can substantiate a claim to prevention and cost-effectiveness be of high priority.

(2) The Legislative Assembly finds that dollars invested in quality programs, such as the Head Start program after which the Oregon prekindergarten is modeled, return the costs thereof several times over in costs saved in the areas of remedial education, corrections and human services.

Ore. Rev. Stat. § 329.160

It is the policy of this state to implement programs for early childhood education … and for extended Oregon prekindergarten programs.

Ore. Rev. Stat. § 329.175(1)

The Department of Education shall administer the Oregon prekindergarten program to assist eligible children with comprehensive services including educational, social, health and nutritional development to enhance their chances for success in school and life. …

Eligibility Criteria for State Preschool Program:

Ore. Rev. Stat. § 329.170(2) For purposes of ORS 329.175, "eligible child" means an at-risk child who is not a participant in a federal, state or local program providing like comprehensive services and may include children who are eligible under rules adopted by the State Board of Education. As used in this subsection, "at-risk child" means a child at least three years of age and not eligible for kindergarten whose family circumstances would qualify that child for eligibility under the federal Head Start program.

Ore. Rev. Stat. § 329.185 When the federal Head Start program provides funding for programs for eligible children at or greater than the 1990-1991 per child level, eligibility for the state funded Oregon prekindergarten program shall be expanded to include programs for children whose family income exceeds the federal Head Start limits or who are in an underserved or unserved age category. After determining the increase in income limits or age level that would make children most in need of state programs eligible for them, the State Board of Education may direct expenditure of any unexpended or unobligated funds appropriated for the biennium for eligible children to be expended for the additional children considered to be most in need. In the following biennium, the State Board of Education shall include the cost of any added program for the children most in need in its biennial budget.

Ore. Admin. R. § 581-019-0005

(4) "At-Risk" means a child at least three years of age and not eligible for kindergarten whose family circumstances would qualify that child for eligibility under the federal Head Start Program.

… (7) "Eligible Child" means an at-risk child who is not a participant in a federal, state or local program providing like comprehensive services and may include children who are eligible under rules adopted by the State Board of Education.

Ore. Admin. R. § 581-019-0030

(1) Children must be at least three years old on or before September 1 of their entrance year, and not eligible for kindergarten.

(2) At least 80 percent of the children served shall be eligible according to Head Start federal regulations at 45 CFR 1305.4.

(3) No less than ten percent of the total number of enrollment opportunities in the state of Oregon shall be available for handicapped children. See 45 CFR 1305.5.

(4) Up to 20 percent of the children served need not qualify according to Head Start regulations.

45 C.F.R. § 1305.2(l) Low-income family means a family whose total annual income before taxes is equal to, or less than, the income guidelines. For the purpose of eligibility, a child from a family that is receiving public assistance or a child in foster care is eligible even if the family income exceeds the income guidelines.

45 C.F.R. § 1305.4

(a) To be eligible for Head Start services, a child must be at least three years old by the date used to determine eligibility for public school in the community in which the Head Start program is located, except in cases where the Head Start program's approved grant provides specific authority to serve younger children. Examples of such exceptions are programs serving children of migrant families and Early Head Start programs.

(b)(1) At least 90 percent of the children who are enrolled in each Head Start program must be from low-income families.

     (2) Except as provided in paragraph (b)(3) of this section, up to ten percent of the children who are enrolled may be children from families that exceed the low-income guidelines but who meet the criteria that the program has established for selecting such children and who would benefit from Head Start services.

Program Length/Duration:

45 C.F.R. § 1306.32(b)

Center-based program option requirements.

(1) Classes must operate for four or five days per week or some combination of four and five days per week.

(2) Classes must operate for a minimum of three and one-half to a maximum of six hours per day with four hours being optimal.

(3) The annual number of required days of planned class operations (days when children are scheduled to attend) is determined by the number of days per week each program operates. Programs that operate for four days per week must provide at least 128 days per year of planned class operations. Programs that operate for five days per week must provide at least 160 days per year of planned class operations. Grantees implementing a combination of four and five days per week must plan to operate between 128 and 160 days per year. The minimum number of planned days of service per year can be determined by computing the relative number of four and five day weeks that the program is in operation. All center-based program options must provide a minimum of 32 weeks of scheduled days of class operations over an eight or nine month period. Every effort should be made to schedule makeup classes using existing resources if planned class days fall below the number required per year.

Scope of State’s Responsibility to Provide Preschool:

Ore. Rev. Stat. § 329.160 It is the policy of this state to implement programs for early childhood education … and for extended Oregon prekindergarten programs.

Ore. Rev. Stat. § 329.175

(1) The Department of Education shall administer the Oregon prekindergarten program to assist eligible children with comprehensive services including educational, social, health and nutritional development to enhance their chances for success in school and life. Eligible children, upon request of parent or guardian, shall be admitted to approved Oregon prekindergartens to the extent that the Legislative Assembly provides funds.

(2) Nonsectarian organizations including school districts and Head Start grantees are eligible to compete for funds to establish an Oregon prekindergarten. Grant recipients shall serve children eligible according to federal Head Start guidelines and other children who meet criteria of eligibility adopted by rule by the State Board of Education. However, not more than 20 percent of the total enrollment shall consist of children who do not meet Head Start guidelines… .

Scope of State's Responsibility to Fund Preschool:

Ore. Rev. Stat. § 329.160 … The state shall continue funding Oregon prekindergarten programs with a goal to have full funding for all eligible children.

Ore. Rev. Stat. § 329.165

(1) In consultation with the advisory committee for the Oregon prekindergarten program, the Department of Education shall develop a long-range plan for serving eligible children and their families and shall report to each regular session of the Legislative Assembly on the funds necessary to implement the long-range plan, including but not limited to regular programming costs, salary enhancements and program improvement grants. The department shall determine the rate of increase in funding for programs necessary each biennium to provide service to all children eligible for the prekindergarten program.

Ore. Rev. Stat. § 329.175

(1) The Department of Education shall administer the Oregon prekindergarten program to assist eligible children with comprehensive services including educational, social, health and nutritional development to enhance their chances for success in school and life. Eligible children, upon request of parent or guardian, shall be admitted to approved Oregon prekindergartens to the extent that the Legislative Assembly provides funds.

(2) Nonsectarian organizations including school districts and Head Start grantees are eligible to compete for funds to establish an Oregon prekindergarten. … Funds appropriated for the program shall be used to establish and maintain new or expanded Oregon prekindergartens and shall not be used to supplant federally supported Head Start programs. Oregon prekindergartens also may accept gifts, grants and other funds for the purposes of this section.

Ore. Rev. Stat. § 329.185 … After determining the increase in income limits or age level that would make children most in need of state programs eligible for them, the State Board of Education may direct expenditure of any unexpended or unobligated funds appropriated for the biennium for eligible children to be expended for the additional children considered to be most in need. In the following biennium, the State Board of Education shall include the cost of any added program for the children most in need in its biennial budget.

Ore. Rev. Stat. § 329.195(3) … When approving grant applications, to the extent practicable, the board shall distribute funds regionally based on percentages of unmet needs as identified in the voluntary local early childhood system plans that are part of the local coordinated comprehensive plans developed under ORS 417.775 for the county or region.

Ore. Admin. R. § 581-019-0020(1) Funds shall be awarded on a competitive basis. Subject to available funds, continuation grants shall be awarded on the basis of satisfactory performance.

Ore. Admin. R. § 581-019-0025(1) Funds appropriated shall be used to establish and maintain new or expanded prekindergarten programs and shall not be used to supplant federally supported Head Start programs.

45 C.F.R. § 1305.9 A Head Start program must not prescribe any fee schedule or otherwise provide for the charging of any fees for participation in the program. If the family of a child determined to be eligible for participation by a Head Start program volunteers to pay part or all of the costs of the child's participation, the Head Start program may accept the voluntary payments and record the payments as program income.

Under no circumstances shall a Head Start program solicit, encourage, or in any other way condition a child's enrollment or participation in the program upon the payment of a fee.

Source of Funding for Preschool Program:

Ore. Rev. Stat. § 329.183

(1) The Prekindergarten Program Trust Fund is established as a fund in the State Treasury, separate and distinct from the General Fund. Interest earned by the trust fund shall be credited to the trust fund. The primary purpose of the trust fund is to assist eligible children with comprehensive services including educational, social, health and nutritional development to enhance their chances for success in school and life. For this purpose, the trust fund is continuously appropriated to the Department of Education for the Oregon prekindergarten program described in ORS 329.170 to 329.200.

(2) The department may solicit and accept money in the form of gifts, contributions and grants to be deposited in the trust fund. Except as provided in ORS 329.185, the acceptance of federal grants for purposes of ORS 329.170 to 329.200 does not commit state funds nor place an obligation upon the Legislative Assembly to continue the purposes for which the federal funds are made available.

(3) The trust fund may be listed, if otherwise qualified, on the Oregon income tax return for checkoff pursuant to application made to the Oregon Charitable Checkoff Commission under ORS 305.690 to 305.753 by the department.

H.B. No. 5019 (2007), Appropriations

SECTION 2. The following amounts, which are to be distributed as grants-in-aid and to purchase services, are appropriated to the Department of Education, for the biennium beginning July 1, 2007, out of the General Fund, for the following purposes:

… (5) Oregon prekindergarten program ........................... $ 71,084,721

SECTION 11. (1) In addition to and not in lieu of any other appropriation, there is appropriated to the Emergency Board, for the biennium beginning July 1, 2007, out of the General Fund, the amount of $25,000,000, to be allocated to the Department of Education for the Oregon prekindergarten program.

Scope of Child's Right to Attend Preschool:

45 C.F.R. § 1305.7

(a) Each child enrolled in a Head Start program, except those enrolled in a migrant program, must be allowed to remain in Head Start until kindergarten or first grade is available for the child in the child's community, except that the Head Start program may choose not to enroll a child when there are compelling reasons for the child not to remain in Head Start, such as when there is a change in the child's family income and there is a child with a greater need for Head Start services.

… (c) If a child has been found income eligible and is participating in a Head Start program, he or she remains income eligible through that enrollment year and the immediately succeeding enrollment year. Children who are enrolled in a program receiving funds under the authority of section 645A of the Head Start Act (programs for families with infants and toddlers, or Early Head Start) remain income eligible while they are participating in the program. When a child moves from a program serving infants and toddlers to a Head Start program serving children age three and older, the family income must be reverified. If one agency operates both an Early Head Start and a Head Start program, and the parents wish to enroll their child who has been enrolled in the agency's Early Head Start program, the agency must ensure, whenever possible, that the child receives Head Start services until enrolled in school.

Ore. Rev. Stat. § 329.175

… Eligible children, upon request of parent or guardian, shall be admitted to approved Oregon prekindergartens to the extent that the Legislative Assembly provides funds.

Curriculum Content Standards for Preschool Program:

Ore. Admin. R. § 581-019-0025(5) Programs shall provide developmentally appropriate educational services which are consistent with the unique physical, social, emotional, and cognitive needs of young children. Developmentally appropriate programs are both age appropriate and individually appropriate.

45 C.F.R. § 1304.3(5)

Curriculum means a written plan that includes:

(i) The goals for children's development and learning;

(ii) The experiences through which they will achieve these goals;

(iii) What staff and parents do to help children achieve these goals; and

(iv) The materials needed to support the implementation of the curriculum. The curriculum is consistent with the Head Start Program Performance Standards and is based on sound child development principles about how children grow and learn.

45 C.F.R. § 1304.21

(a) Child development and education approach for all children.

(1) In order to help children gain the skills and confidence necessary to be prepared to succeed in their present environment and with later responsibilities in school and life, grantee and delegate agencies' approach to child development and education must:

(i) Be developmentally and linguistically appropriate, recognizing that children have individual rates of development as well as individual interests, temperaments, languages, cultural backgrounds, and learning styles;

(ii) Be inclusive of children with disabilities, consistent with their Individualized Family Service Plan (IFSP) or Individualized Education Program (IEP) (see 45 CFR 1308.19);

(iii) Provide an environment of acceptance that supports and respects gender, culture, language, ethnicity and family composition;

(iv) Provide a balanced daily program of child-initiated and adult-directed activities, including individual and small group activities; and

(v) Allow and enable children to independently use toilet facilities when it is developmentally appropriate and when efforts to encourage toilet training are supported by the parents.

(2) Parents must be:

(i) Invited to become integrally involved in the development of the program's curriculum and approach to child development and education;

(ii) Provided opportunities to increase their child observation skills and to share assessments with staff that will help plan the learning experiences; and

(iii) Encouraged to participate in staff-parent conferences and home visits to discuss their child's development and education (see 45 CFR 1304.40(e)(4) and 45 CFR 1304.40(i)(2)).

(3) Grantee and delegate agencies must support social and emotional development by:

(i) Encouraging development which enhances each child's strengths by:

(A) Building trust;

(B) Fostering independence;

(C) Encouraging self-control by setting clear, consistent limits, and having realistic expectations;

(D) Encouraging respect for the feelings and rights of others; and

(E) Supporting and respecting the home language, culture, and family composition of each child in ways that support the child's health and well-being; and

(ii) Planning for routines and transitions so that they occur in a timely, predictable and unrushed manner according to each child's needs.

(4) Grantee and delegate agencies must provide for the development of each child's cognitive and language skills by:

(i) Supporting each child's learning, using various strategies including experimentation, inquiry, observation, play and exploration;

(ii) Ensuring opportunities for creative self-expression through activities such as art, music, movement, and dialogue;

(iii) Promoting interaction and language use among children and between children and adults; and

(iv) Supporting emerging literacy and numeracy development through materials and activities according to the developmental level of each child.

(5) In center-based settings, grantee and delegate agencies must promote each child's physical development by:

(i) Providing sufficient time, indoor and outdoor space, equipment, materials and adult guidance for active play and movement that support the development of gross motor skills;

(ii) Providing appropriate time, space, equipment, materials and adult guidance for the development of fine motor skills according to each child's developmental level; and

(iii) Providing an appropriate environment and adult guidance for the participation of children with special needs.

(6) In home-based settings, grantee and delegate agencies must encourage parents to appreciate the importance of physical development, provide opportunities for children's outdoor and indoor active play, and guide children in the safe use of equipment and materials.

… (c) Child development and education approach for preschoolers.

(1) Grantee and delegate agencies, in collaboration with the parents, must implement a curriculum (see 45 CFR 1304.3(a)(5)) that:

(i) Supports each child's individual pattern of development and learning;

(ii) Provides for the development of cognitive skills by encouraging each child to organize his or her experiences, to understand concepts, and to develop age appropriate literacy, numeracy, reasoning, problem solving and decision-making skills which form a foundation for school readiness and later school success;

(iii) Integrates all educational aspects of the health, nutrition, and mental health services into program activities;

(iv) Ensures that the program environment helps children develop emotional security and facility in social relationships;

(v) Enhances each child's understanding of self as an individual and as a member of a group;

(vi) Provides each child with opportunities for success to help develop feelings of competence, self-esteem, and positive attitudes toward learning; and

(vii) Provides individual and small group experiences both indoors and outdoors… .

Oregon Early Childhood Foundations Birth Through Five

The Oregon Early Childhood Foundations are a new resource providing "guidelines" for all adults working with children ages three to five. They are designed to assist Parents, Families, Child-Care Providers, Pre-school and Pre-Kindergarten Programs [to] promote learning and healthy development of Oregon’s young children.

Oregon’s Early Childhood Foundations are presented as a framework of building blocks that are important for school success. The Early Childhood Foundations are intended to be inclusive of all children -- English language learners, children with special health care needs, children with disabilities, and children who are typically developing -- recognizing that children may develop on the continuum at different times and in different ways. The Foundations are not an exhaustive list of everything a child should know or be able to do by the end of preschool. The Early Childhood Foundations are a guide, NOT a curriculum or a checklist of what all children can do. …

Sample:

Language and Literacy

Early Childhood Foundation: Phonological Awareness

Children use sound in a variety of contexts by:

  • Making oral rhymes
  • Identifying syllables in spoken words
  • Hearing beginning and ending sounds in words
  • Listening and telling differences in phonemes (smallest parts of sound in a spoken word)

Indicators: Observable Behaviors

The Child

  • Recognizes matching sounds and rhymes in familiar words (cat, hat, bat, rat, etc).
  • Discriminates rhyming words in familiar games, songs, stories and poems. …

The Adult

  • Ensures that children have opportunities to hear sounds in their home language.
  • Provides opportunities for children to repeat sounds in their names and other familiar words.…

Supportive Learning Environments Include

  • Multiple books, pictures, signs, visual examples of written words.
  • Planned group music time and individual time for children to listen to a variety of sound tapes, music, and stories.

Head Start Child Outcomes Framework

This Framework is intended to guide Head Start programs in their ongoing assessment of the progress and accomplishments of children and in efforts to analyze and use data on child outcomes in program self-assessment and continuous improvement. The Framework is composed of 8 general Domains, 27 Domain Elements, and 100 examples of more specific Indicators of children's skills, abilities, knowledge, and behaviors. The Framework is based on the Head Start Program Performance Standards, Head Start Performance Measures, provisions of the Head Start Act as amended in 1998, advice of the Head Start Bureau Technical Work Group on Child Outcomes, and a review of documents on assessment of young children and early childhood program accountability from a variety of state agencies and professional organizations.

Sample:

Domain: Literacy

Domain Element: Early Writing

Indicators:

  • Develops understanding that writing is a way of communicating for a variety of purposes.
  • Begins to represent stories and experiences through pictures, dictation, and in play.
  • Experiments with a growing variety of writing tools and materials, such as pencils, crayons, and computers.
  • Progresses from using scribbles, shapes, or pictures to represent ideas, to using letter-like symbols, to copying or writing familiar words such as their own name.

Teacher Certification/Qualification Standards for Preschool Program:

Ore. Rev. Stat. § 329.195

(1) The State Board of Education shall adopt rules for the establishment of the Oregon prekindergarten program…. Federal Head Start program guidelines shall be considered as guidelines for the Oregon prekindergarten program.

(2) In developing rules for the Oregon prekindergarten program, the board shall consult with the advisory committee established under ORS 329.190 and shall consider such factors as coordination with existing programs, the preparation necessary for instructors, qualifications of instructors, training of staff… .

Ore. Admin. R. § 581-019-0010 (1) A minimum of 2.5 percent of the total [prekindergarten] grant shall be used for staff development.

45 C.F.R. § 1304.52

… (b) Staff qualifications-general.

(1) Grantee and delegate agencies must ensure that staff and consultants have the knowledge, skills, and experience they need to perform their assigned functions responsibly.

(2) In addition, grantee and delegate agencies must ensure that only candidates with the qualifications specified in this part and in 45 CFR 1306.21 are hired.

(3) Current and former Early Head Start and Head Start parents must receive preference for employment vacancies for which they are qualified.

(4) Staff and program consultants must be familiar with the ethnic background and heritage of families in the program and must be able to serve and effectively communicate, to the extent feasible, with children and families with no or limited English proficiency.

(c) Early Head Start or Head Start director qualifications. The Early Head Start or Head Start director must have demonstrated skills and abilities in a management capacity relevant to human services program management. …

42 U.S.C. § 9843A (Head Start Act Section 648A) Classroom Teachers

(a)(1) The Secretary shall ensure that each Head Start classroom in a center-based program is assigned one teacher who has demonstrated competency to perform functions that include —

(A) planning and implementing learning experiences that advance the intellectual and physical development of children, including improving the readiness of children for school by developing their literacy and phonemic, print, and numeracy awareness, their understanding and use of language, their understanding and use of increasingly complex and varied vocabulary, their appreciation of books, and their problem solving abilities;

(B) establishing and maintaining a safe, healthy learning environment;

(C) supporting the social and emotional development of children; and

(D) encouraging the involvement of the families of the children in a Head Start program and supporting the development of relationships between children and their families.

(2) —Degree Requirements

(A) The Secretary shall ensure that not later than September 30, 2003 , at least 50 percent of all Head Start teachers nationwide in center-based programs have

(i) —an associate, baccalaureate, or advanced degree in early childhood education; or

(ii) —an associate, baccalaureate, or advanced degree in a field related to early childhood education, with experience in teaching preschool children…

(3) The Secretary shall ensure that, for center-based programs, each Head Start classroom that does not have a teacher that meets the requirements of clause (i) or (ii) of paragraph (2)(A) is assigned one teacher who has—

(A) a child development associate (CDA) credential that is appropriate to the age of the children being served in center-based programs;

(B) a State-awarded certificate for preschool teachers that meets or exceeds the requirements for a child development associate credential; or

(C) a degree in a field related to early childhood education with experience in teaching preschool children and a State-awarded certificate to teach in a preschool program.

Other Quality Standards for Preschool Program:

Ore. Rev. Stat. § 329.175(3) Applicants [for prekindergarten program grants] shall identify how they will serve the target population and provide all components as specified in the federal Head Start performance standards and guidelines, including staff qualifications and training, facilities and equipment, transportation and fiscal management.

Ore. Rev. Stat. § 329.195

(1) The State Board of Education shall adopt rules for the establishment of the Oregon prekindergarten program. Rules specifically shall require the Oregon prekindergarten program to provide for parental involvement and performance standards at a level no less than that provided under the federal Head Start program guidelines. Federal Head Start program guidelines shall be considered as guidelines for the Oregon prekindergarten program.

(2) In developing rules for the Oregon prekindergarten program, the board shall consult with the advisory committee established under ORS 329.190 and shall consider such factors as coordination with existing programs, the preparation necessary for instructors, qualifications of instructors, training of staff, adequate space and equipment and special transportation needs… .

Ore. Admin. R. § 581-019-0010

(1) A minimum of 2.5 percent of the total grant shall be used for staff development.

(4) Contractors must have established appropriate internal fiscal controls and fund accounting procedures to assure the proper disbursement of, and accounting for, all funds provided.

Ore. Admin. R. § 581-019-0025

… (2) Programs shall serve the eligible children and provide all components as specified in the federal Head Start Performance Standards (U.S. Department of Health and Human Services, Administration for Children, Youth, and Families, 45 CFR 1304).

(3) Programs shall provide for staff qualifications and training, facilities and equipment, transportation and fiscal management.

(6) Requirements for programs design shall be based on a model of comprehensive services to participating children. These include educational services, health services (including medical, dental, nutritional, and mental health), parent involvement, and social services to families. Parents shall be given the opportunity to be involved in every aspect of the planning and implementation of services. Specific program requirements are contained in the program requirements publication available from the Department dated January 21, 1988.

45 C.F.R. § 1304.53

(a) Head Start physical environment and facilities.

(1) Grantee and delegate agencies must provide a physical environment and facilities conducive to learning and reflective of the different stages of development of each child.

(2) Grantee and delegate agencies must provide appropriate space for the conduct of all program activities (see 45 CFR 1308.4 for specific access requirements for children with disabilities).

(3) The center space provided by grantee and delegate agencies must be organized into functional areas that can be recognized by the children and that allow for individual activities and social interactions.

(4) The indoor and outdoor space in Early Head Start or Head Start centers in use by mobile infants and toddlers must be separated from general walkways and from areas in use by preschoolers.

(5) Centers must have at least 35 square feet of usable indoor space per child available for the care and use of children (i.e., exclusive of bathrooms, halls, kitchen, staff rooms, and storage places) and at least 75 square feet of usable outdoor play space per child.

(6) Facilities owned or operated by Early Head Start and Head Start grantee or delegate agencies must meet the licensing requirements of 45 CFR 1306.30.

(7) Grantee and delegate agencies must provide for the maintenance, repair, safety, and security of all Early Head Start and Head Start facilities, materials and equipment.

(8) Grantee and delegate agencies must provide a center-based environment free of toxins, such as cigarette smoke, lead, pesticides, herbicides, and other air pollutants as well as soil and water contaminants. Agencies must ensure that no child is present during the spraying of pesticides or herbicides. Children must not return to the affected area until it is safe to do so.

(9) Outdoor play areas at center-based programs must be arranged so as to prevent any child from leaving the premises and getting into unsafe and unsupervised areas. Enroute to play areas, children must not be exposed to vehicular traffic without supervision.

(10) Grantee and delegate agencies must conduct a safety inspection, at least annually, to ensure that each facility's space, light, ventilation, heat, and other physical arrangements are consistent with the health, safety and developmental needs of children.

(b) Head Start equipment, toys, materials, and furniture.

(1) Grantee and delegate agencies must provide and arrange sufficient equipment, toys, materials, and furniture to meet the needs and facilitate the participation of children and adults.

Equipment, toys, materials, and furniture owned or operated by the grantee or delegate agency must be:

(i) Supportive of the specific educational objectives of the local program;

(ii) Supportive of the cultural and ethnic backgrounds of the children;

(iii) Age-appropriate, safe, and supportive of the abilities and developmental level of each child served, with adaptations, if necessary, for children with disabilities;

(iv) Accessible, attractive, and inviting to children;

(v) Designed to provide a variety of learning experiences and to encourage each child to experiment and explore;

(vi) Safe, durable, and kept in good condition; and

(vii) Stored in a safe and orderly fashion when not in use… .

45 C.F.R. § 1306.20

(a) Grantees must meet the requirements of 45 CFR 1304.52(g), Classroom staffing and home visitors, in addition to the requirements of this Section.

(b) Grantees must provide adequate supervision of their staff.

(c) Grantees operating center-based program options must employ two paid staff persons (a teacher and a teacher aide or two teachers) for each class. Whenever possible, there should be a third person in the classroom who is a volunteer.

(d) Grantees operating home-based program options must employ home visitors responsible for home visits and group socialization activities.

(e) Grantees operating a combination program option must employ, for their classroom operations, two paid staff persons, a teacher and a teacher aide or two teachers, for each class. Whenever possible, there should be a third person in the classroom who is a volunteer. They must employ staff for home visits who meet the qualifications the grantee requires for home visitors.

(f) Classroom staff and home visitors must be able to communicate with the families they serve either directly or through a translator. They should also be familiar with the ethnic background of these families.

45 C.F.R. § 1306.30

(a) All Head Start grantees must provide comprehensive child development services, as defined in the Head Start Performance Standards.

(b) All Head Start grantees must provide classroom or group socialization activities for the child as well as home visits to the parents. The major purpose of the classroom or socialization activities is to help meet the child's development needs and to foster the child's social competence. The major purpose of the home visits is to enhance the parental role in the growth and development of the child.

(c) The facilities used by Early Head Start and Head Start grantee and delegate agencies for regularly scheduled center-based and combination program option classroom activities or home-based group socialization activities must comply with State and local requirements concerning licensing. In cases where these licensing standards are less comprehensive or less stringent than the Head Start regulations, or where no State or local licensing standards are applicable, grantee and delegate agencies are required to assure that their facilities are in compliance with the Head Start Program Performance Standards related to health and safety as found in 45 CFR 1304.53(a), Physical environment and facilities.

(d) All grantees must identify, secure and use community resources in the provision of services to Head Start children and their families prior to using Head Start funds for these services.

45 C.F.R. § 1306.31

(a) Grantees may choose to implement one or more than one of three program options: a center-based option, a home-based program option or a combination program option.

(b) The program option chosen must meet the needs of the children and families as indicated by the community needs assessment conducted by the grantee.

(c) When assigning children to a particular program option, Head Start grantees that operate more than one program option must consider such factors as the child's age, developmental level, disabilities, health or learning problems, previous preschool experiences and family situation. Grantees must also consider parents' concerns and wishes prior to making final assignments.

45 C.F.R. § 1306.32

(a) Class size.

(1) Head Start classes must be staffed by a teacher and an aide or two teachers and, whenever possible, a volunteer.

(2) Grantees must determine their class size based on the predominant age of the children who will participate in the class and whether or not a center-based double session variation is being implemented.

(3) For classes serving predominantly four or five-year-old children, the average class size of that group of classes must be between 17 and 20 children, with no more than 20 children enrolled in any one class.

(4) When double session classes serve predominantly four or five-year-old-children, the average class size of that group of classes must be between 15 and 17 children. A double session class for four or five-year old children may have no more than 17 children enrolled. (See paragraph (c) of this section for other requirements regarding the double session variation.)

(5) For classes serving predominantly three-year-old children, the average class size of that group of classes must be between 15 and 17 children, with no more than 17 children enrolled in any one class.

Delivery of Preschool Services:

Ore. Rev. Stat. § 329.160 … The Oregon prekindergarten program shall continue to be operated in coordination with the federal Head Start program in order to avoid duplication of services and so as to ensure maximum use of resources… .

Ore. Rev. Stat. § 329.175

… (2) Nonsectarian organizations including school districts and Head Start grantees are eligible to compete for funds to establish an Oregon prekindergarten… . School districts may contract with other governmental or nongovernmental nonsectarian organizations to conduct a portion of the program… .

… (4) Oregon prekindergartens shall coordinate with each other and with federal Head Start programs to ensure efficient delivery of services and prevent overlap. Oregon prekindergartens shall also work with local organizations such as local education associations serving young children and make the maximum use of local resources.

Ore. Admin. R. § 581-019-0015(1) Public or private nonsectarian organizations or consortia of organizations are eligible to apply for funding as a prekindergarten program.

Ore. Admin. R. § 581-019-0025(4) Programs shall coordinate with each other and with federal Head Start Programs to insure efficient delivery of services and prevent overlap.

Requirements for Student Assessment and Program Evaluation:

Ore. Rev. Stat. § 329.155

(1) State agencies that administer education programs and other programs that provide services for children and families shall:

(a) Evaluate the effectiveness of the program as related to the principles stated in ORS 329.025 and 417.305 in the earliest stages of the budget process, including components within programs as appropriate;

(b) Articulate ways in which the program is an effective component of agency and state priorities, goals and strategies, such as those developed by the Oregon Progress Board, or to relevant research and professional standards;

(c) Establish plans, interagency partnerships, implementation practices and interactions with local coordinated comprehensive plans;

(d) Utilize the information generated by applicable state advisory groups and by the local planning process administered by the State Commission on Children and Families in the program assessment of needs and decisions as to service delivery in a given community; and

(e) Identify barriers to improving program capability to serve the needs of young children and related recommendations, if any.

(2) The processes listed in subsection (1) of this section are for the purpose of generating interagency coordination so as to serve to the greatest extent possible young children and their families in a comprehensive and developmentally appropriate fashion. The information generated by these processes shall be considered as a contribution to subsequent budget decisions by state and local agencies, the Oregon Department of Administrative Services and Legislative Assembly, and as a contribution to the planning and coordination tasks of the State Commission on Children and Families.

Ore. Rev. Stat. § 329.165

(1) In consultation with the advisory committee for the Oregon prekindergarten program, the Department of Education shall develop a long-range plan for serving eligible children and their families and shall report to each regular session of the Legislative Assembly on the funds necessary to implement the long-range plan, including but not limited to regular programming costs, salary enhancements and program improvement grants. The department shall determine the rate of increase in funding for programs necessary each biennium to provide service to all children eligible for the prekindergarten program.

(2) Each biennial report shall include but not be limited to estimates of the number of eligible children and families to be served, projected cost of programs and evaluation of the programs.

Ore. Rev. Stat. § 329.200

(1) The Superintendent of Public Instruction shall report to the Legislative Assembly on the merits of continuing and expanding the Oregon prekindergarten program or instituting other means of providing early childhood development assistance.

(2) The superintendent's report shall include specific recommendations on at least the following issues:

(a) The relationship of the state-funded Oregon prekindergarten program with the common school system;

(b) The types of children and their needs that the program should serve;

(c) The appropriate level of state support for implementing the program for all eligible children, including related projects to prepare instructors and provide facilities, equipment and transportation;

(d) The state administrative structure necessary to implement the program; and

(e) Licensing or endorsement of early childhood teachers.

(3) The Department of Education shall examine, monitor and assess the effectiveness of the Oregon prekindergarten program. The superintendent shall make biennial reports to the Legislative Assembly on the effectiveness of the program.

45 C.F.R. § 1304.21(c)(2) Staff must use a variety of strategies to promote and support children's learning and developmental progress based on the observations and ongoing assessment of each child (see 45 CFR 1304.20(b), 1304.20(d), and 1304.20(e)).

Table of Contents
State Preschool Program
   

Overview

State Policy

Eligibility Criteria

Program Length/Duration

Funding

Quality Standards

Delivery of Preschool Services

Requirements for Student Assessment and Program Evaluation

Legal Framework
   

Education Clause in State Constitution

Summary of Case Law on School Finance System

Summary of Case Law on Preschool

Constitutional Provisions on Public Education
Case Law Digest
   

Is Education a Fundamental Right?

School Finance Cases in Favor of Plaintiffs

Standard for a Constitutionally Adequate Education

School Finance Cases against Plaintiffs

Decisions Ruling School Finance Issues Were Non-Justiciable

Cases Relating to State-Funded Preschool

Pending School Finance Cases

Statutes, Regulations and Guidance Documents
   

Provisions Expressing State Policy on Preschool

Eligibility Criteria

Program Length/Duration

Scope of State's Responsibility to Provide Preschool

Scope of State's Responsibility to Fund Preschool

Source of Funding for Preschool Program

Scope of Child's Right to Attend Preschool

Curriculum Content Standards

Teacher Certification/ Qualification Standards

Other Quality Standards

Delivery of Preschool Services

Requirements for Student Assessment and Program Evaluation

Starting at 3, a project of Education Law Center, is supported by a grant from The Pew Charitable Trusts