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Pennsylvania
 

State Preschool Program

Overview

Prekindergarten programs in Pennsylvania receive state funding through four separate initiatives. First, the new Pre-K Counts program began in the 2007-2008 school year, with an appropriation of $75 million expected to serve 11,000 three- and four-year-olds. The ultimate goal of the program is to provide universal access to all three- and four-year-old children.

Second, the state allows districts to serve four-year-olds in their kindergarten programs, giving these children two years of kindergarten. However, districts receive only partial state funding for the Kindergarten for Four-Year-Olds Program (K4). According to the National Institute for Early Education Research (NIEER), Pennsylvania served about 2% of its four-year-olds in this program in 2005-2006. Four-year-old kindergarten is considered part of the elementary school program and is governed by elementary school regulations.

Third, as of Fall 2004, districts started receiving funding through the Accountability Block Grant program that can be used to “establish[ ], maintain[ ], or expand[ ]” pre-kindergarten or full-day kindergarten programs. The Accountability Block Grant program served about 2% of Pennsylvania four-year-olds in 2005-2006.

Finally, in 2004-05, the state began its Head Start Supplemental Assistance Program (HSSAP) “to increase the availability of high quality pre-kindergarten Head Start services for eligible children throughout Pennsylvania” by adding more slots and creating extended day and full-year programs. In 2005-2006, HSSAP served about 2% of Pennsylvania four-year-olds with an appropriation of $30 million. The annual allocation of $40 million for 2006-2007 and 2007-2008 is expected to serve 6,250 children each year. This is in addition to the federal Head Start program, which served 11% of Pennsylvania four-year-olds in 2005-2006.

Overall, the K4, HSSAP, and Accountability Block Grant programs served 6% of Pennsylvania four-year-olds in 2005-2006.

State Policy

Although Pennsylvania had lagged behind most states in early childhood education, the Pennsylvania Department of Education (PDE) made preschool education more of a priority in FY 2004-05 by designating “Early Studies in School” one of the four areas to which it is committed. The PDE acknowledges that “quality pre-kindergarten ... has a lasting positive effect on student achievement well beyond kindergarten.” Governor Rendell has declared that high quality prekindergarten and full-day kindergarten are essential ingredients of academic success, and has set as a goal universal access to prekindergarten.

Eligibility Criteria

Districts that opt to provide kindergarten may accept children that are four years old by the first day of the school term. If a district uses its Accountability Block Grant to provide full-day kindergarten, it is encouraged to serve students who are most “at risk” of not succeeding in school. Districts that use the Accountability Block Grant to create a pre-kindergarten program are advised to serve three- and four-year-olds and to give preference to students “at the highest risk of future academic failure.” Pre-K Counts providers also serve three- and four-year-olds, and grant applicants serving the highest number or percentage of at-risk students will receive priority. For 2007-2008, “at-risk” is defined to include children who are from families with an income at or below 300% of the federal poverty level, children with disabilities, children who are English Language Learners, children who reside in areas of high concentrations of poverty and children who are homeless. The Pre-K Counts program is intended to eventually serve all three- and four-year-old children whose families want them to participate.

Program Length/Duration

All public kindergarten programs must remain open for at least 2 ½ hours per day for 180 days per year. If a district uses its Accountability Block Grant to provide full-day kindergarten, it must provide 5 hours of instruction per day for 180 days. Pre-K Counts providers and districts that use the Accountability Block grant to create a pre-kindergarten program can offer a half-day program for a minimum of 2.5 hours per day or full-day program of at least 5 hours.

Funding

The Pre-K Counts program is funded by legislative appropriations as a competitive grant program, beginning with $75 million for 2007-2008. Grants are allocated to providers on a per-student basis, not to exceed the providers’ actual costs. Grants are expected to be around $3,950 per child for half-day programs and $7,900 per child for full-day programs. Pre-K Counts grants are paid directly to providers, whereas Accountability Block Grant funds are allocated only to school districts, which can then subcontract with community providers.

Pennsylvania statutes do not specify a funding mechanism for the Kindergarten for Four-Year-Olds Program. According to the National Institute for Early Education Research's State Preschool Yearbook, the state provides partial reimbursement to districts that opt to serve four year olds in their kindergarten programs, as well as other programs intended to improve student achievement.

Starting in 2004-05, the state made limited funding available to districts through the Accountability Block Grant program to “establish[ ], maintain[ ], or expand[ ]” pre-kindergarten or full-day kindergarten programs, as well as other programs intended to improve student achievement.

In 2007-2008, all 501 Pennsylvania school districts will be eligible for a portion of the $275 million available under this program, which can be used to provide pre-kindergarten or full-day kindergarten to four-year-olds. Funding amounts will be determined according to a formula based on poverty levels and the performance of the districts’ students on state assessments.

In 2004-05, the state made $15 million available through its Head Start Supplemental Assistance Program (HSSAP) “to increase the availability of high quality pre-kindergarten Head Start services for eligible children throughout Pennsylvania.” In 2007-2008, $40 million will be available for HSSAP.

Quality Standards

In a national survey of quality standards, the National Institute for Early Education Research (NIEER) gave Pennsylvania’s Accountability Block Grant Pre-kindergarten Program a rating of 1 out of 10. The Four-Year-Old Kindergarten Program received a 3 out of 10 rating, and the Head Start Supplemental Assistance Program merited a rating of 6 out of 10. There are no specific quality standards (e.g., class size, staff-child ratio requirements) for public kindergarten programs in Pennsylvania, although kindergarten teachers in public schools are required to hold a bachelor’s degree and Early Childhood or Elementary Certification, meeting NIEER’s teacher degree benchmark. Where the Accountability Block Grant is used to provide pre-kindergarten in a community-based setting, a bachelor’s degree has not been required, accounting for NIEER’s lower rating for this program. Pre-k teachers in school-based programs require a bachelor’s degree and early childhood certification. Pre-k teachers in Head Start and community childcare settings must have at least an associate’s degree, and teachers in nursery schools must be licensed, with a bachelor’s degree. By December 2011, all pre-k teachers will need to have a bachelor’s degree and early childhood certification. Beginning in 2009, a teacher aide in any prekindergarten program must have an associate’s degree or equivalent, or must meet a “rigorous standard of quality” determined through a formal assessment process, which may include CDA credentialing.

State regulations require all pre-k programs to maintain a maximum class size of 20 and a staff/child ratio of 1:10, and encourage a staff/child ratio of 2:17. If a district uses its Accountability Block Grant to provide full-day kindergarten it is encouraged to maintain a teacher/student ratio of 1:17 and to hire only certified teachers. A district that uses its Accountability Block Grant to provide pre-kindergarten should include pre-kindergarten staff in professional development activities and may use a modest portion of grant funds to provide transportation. All licensed teachers in Pennsylvania must complete 180 hours of continuing education every five years, exceeding NIEER’s teacher in-service benchmark of 15 hours a year.

Pennsylvania’s School Code sets forth academic standards, which apply to all public school programs, including the four-year-old kindergarten program. Pennsylvania also has “Early Childhood Learning Continuum Indicators”, which articulate a continuum of skills needed for children in preschool through Grade 2 to be successful. The state adopted comprehensive pre-kindergarten and kindergarten learning standards, aligned with the state’s academic standards, in 2005. In addition, the Guidelines for the Accountability Block Grant program include standards-based/effective practices for kindergarten programs and pre-kindergarten programs. Pre-K Counts programs are required to use a curriculum aligned with the state’s Early Learning Standards for Pre-Kindergarten.

State regulations beginning in 2006 require prekindergarten programs to include nutritional services or referrals. Pre-K Counts requires a meal and a snack in full-day programs and a snack for half-day programs. Pre-K Counts providers will also be subject to site visits and monitoring by the state.

Delivery of Preschool Services

The new Pre-K Counts program may be provided in public schools, Head Start centers, private nursery schools, and other community child care providers meeting state quality standards. Pre-K Counts providers must also collaborate and coordinate with other programs and the early childhood community.

The Kindergarten for Four-Year-Olds Program is operated exclusively in the public schools. Funds under the Accountability Block Grant Program flow to public schools to operate prekindergarten programs, although districts are encouraged to collaborate with community-based, high quality pre-kindergarten programs, such as Head Start, early intervention, licensed child care sites, and private academic nursery schools. The guidelines for prekindergarten programs established under the block grant program instruct that districts should use at least 10% - 20% of their block grant funds on collaboration with community-based preschool programs.

Head Start programs receiving state funding to expand programs under the Head Start Supplemental Assistance Program may provide extended day services within the program or in cooperation with childcare centers, family home childcare centers, or school districts.

Requirements for Student Assessment and Program Evaluation

All public schools with pre-k programs must include pre-k in their assessment systems. Pre-K Counts providers must assess student progress at least three times a year with a valid, reliable, comprehensive, developmentally appropriate and linguistically responsive assessment tool. PDE recommends that pre-kindergarten programs follow the assessment principles outlined in Early Childhood Assessment For Children From Birth to Age 8. Grantees must also participate in the ECERS assessment of the preschool program learning environment. Finally, grantees are subject to periodic site visits from Office of Child Development and Early Learning staff.

The Guidelines for the Accountability Block Grant program encourage pre-kindergarten and full-day kindergarten programs to develop a system of ongoing student assessment and program evaluation to the same extent as required for the Pre-K Counts program.

Legal Framework

Education Clause in State Constitution

The education clause in Pennsylvania’s constitution states, “The General Assembly shall provide for the maintenance and support of a thorough and efficient system of public education to serve the needs of the Commonwealth.”

Summary of Case Law on School Finance System

Although public education is considered a fundamental right in Pennsylvania, the Pennsylvania courts have consistently dismissed claims alleging that Pennsylvania’s public education funding scheme violates the education and equal protection provisions of the state constitution, holding that the constitutionality of the state’s funding of public education is non-justiciable. Moreover, the Pennsylvania Supreme Court has acknowledged, in dicta, that uniformity of funding is not constitutionally required. A case was filed in 1998 alleging that Pennsylvania’s funding scheme is racially discriminatory in violation of Title VI of the Civil Rights Act of 1964, but that case was dismissed in 2005 in light of a Supreme Court decision barring this type of lawsuit under Title VI.

Summary of Case Law on Preschool

There are no state court decisions related to state-funded preschool programs. However, in O’Leary v. Wisecup, the Commonwealth Court held that Pennsylvania children have no statutory or property interest in education at the preschool or kindergarten levels.

Constitutional Provisions on Public Education

Pa. Const. art. 3, § 14

The General Assembly shall provide for the maintenance and support of a thorough and efficient system of public education to serve the needs of the Commonwealth.

Case Law on the Right to Public Education and Preschool

Is Education a Fundamental Right under the State Constitution?

Wilkinsburg Educ. Ass’n v. Sch. Dist. of Wilkinsburg, 542 Pa. 335, 343, 667 A.2d 5, 9 (1992)

The Supreme Court of Pennsylvania acknowledged in this case that, “[P]ublic education in Pennsylvania is a fundamental right. It is required by Article III, Section 14 of the Pennsylvania Constitution. . . . [T]his court has consistently examined problems related to schools in the context of that fundamental right.”

School Finance Cases in Favor of Plaintiffs:

None.

Standard for a Constitutionally Adequate Education:

None.

School Finance Cases against Plaintiffs:

Danson v. Casey, 484 Pa. 415, 427, 399 A.2d 360, 367 (1979)

The State Supreme Court stated that uniformity of funding among school districts is not constitutionally required; the state constitution requires only that the legislative scheme for financing public education "has a reasonable relation" to "[providing] for the maintenance and support of a thorough and efficient system of public schools… ." (internal quotation marks and citations omitted).

Pennsylvania Ass’n of Rural and Small Schs. v. Ridge, No. 11 M.D. 1991 (PA Commonw. Ct. July 9, 1998)

In an order affirmed by the Supreme Court of Pennsylvania, the Commonwealth Court declined to decide whether Pennsylvania’s public education funding scheme, which plaintiffs claimed resulted in unequal funding among districts, violated the education and equal protection provisions of the state constitution.

Marrero v. Commonwealth, 709 A.2d 956, 965 (1998)

The Commonwealth Court similarly declined in this case to address the merits of plaintiffs’ claim that the Commonwealth of Pennsylvania does not provide the Philadelphia school district with sufficient funding to provide an adequate education to its students.

Powell v. Ridge, 189 F.3d 387 (3d Cir. 1999), cert. denied Ryan v. Powell, 538 U.S. 823 (1999)

Plaintiffs in this case claimed that the state’s criteria and methods of funding public education yield racially discriminatory results in Philadelphia and other predominantly minority school districts in violation of Title VI of the Civil Rights Act of 1964. In 1999, the Third Circuit reversed the lower court’s dismissal for failure to state a claim under the Title VI regulations and Section 1983 and remanded the case for further proceedings. The case was placed on suspension in 2001 because of possible settlement and the Supreme Court’s decision in Alexander v. Sandoval, 532 U.S. 275 (2001). The case was dismissed without prejudice in 2005, at plaintiffs’ request, primarily in light of Alexander v. Sandoval, which barred this type of lawsuit under Title VI.

Decisions Ruling School Finance Issues Were Non-Justiciable:

Danson v. Casey, 484 Pa. 415, 429, 399 A.2d 360, 367 (1979)

The State Supreme Court held that plaintiffs’ allegation that Philadelphia children were being denied a “normal program of educational services” available to other children in Pennsylvania was insufficient to state a justiciable action. The Court further noted that it “may not abrogate or intrude upon the lawfully enacted scheme by which public education is funded, not only in Philadelphia, but throughout the Commonwealth.”

Marrero v. Commonwealth, 709 A.2d 956, 965 (1998)

The Commonwealth Court dismissed this action, finding that “Article 3, Section 14 places the responsibility for the maintenance and support of the public school system squarely in the hands of the legislature.” Thus, the Court would not “inquire into the reason, wisdom, or expediency of the legislative policy with regard to education, nor any matters relating to legislative determinations of school policy or the scope of educational activity.”

Pennsylvania Ass’n of Rural and Small Schs. v. Ridge, 558 Pa. 374, 737 A.2d 246 (1999)

The State Supreme Court affirmed, without opinion, the lower court’s dismissal of the case on the grounds that the question of the constitutionality of the Commonwealth’s funding of public education is non-justiciable.

Cases Related to State-Funded Preschool:

None. But see O’Leary v. Wisecup, 364 A.2d 770, 773 (Pa. Commonw. Ct. 1976). “An examination of the state statutes involved here, however, clearly indicates that a local school district is required to provide a free public education only to those resident children who enter school as 'beginners' at the primary level (above the kindergarten level), and that the Department's regulations compel attendance for 'beginners', not for kindergarten students. We conclude, therefore, that the state has not statutorily entitled a child to a kindergarten education and that enrollment in kindergarten does not, therefore, create a property interest on behalf of the student concerned."

Pending School Finance Cases:

None.

Statutes, Regulations and Guidance Documents on State Preschool Program

11 P.S. § 875-502, Early Intervention Services System Act

24 P.S. § 5-503, Kindergartens

24 P.S. § 12-1205.2, Program of continuing professional education

24 P.S. § 15-1501-D et seq. Head Start Supplemental Assistance Program

24 P.S. § 15-1511-D et seq. Pennsylvania Pre-K Counts Program

24 P.S. § 25-2599.2, Pennsylvania Accountability Grants

4 PA ADC § 4.1 et seq., Academic Standards and Assessment

4 PA ADC § 6.61 et seq., Governor’s Task Force on Early Childhood Care and Education

22 PA ADC § 11.14, Admission to Kindergarten When Provided

Pennsylvania Kindergarten Standards

Pennsylvania Early Learning Standards for Pre-Kindergarten

Guidelines and Information on Accountability Block Grants (hereafter referred to as Guidelines). State guidelines for Accountability Block Grant Program, which funds, among other educational reform programs, preschool and full-day kindergarten.

Early Childhood Assessment For Children From Birth to Age 8

Pennsylvania Department of Education, Pennsylvania Pre-K Counts Guidance (hereafter referred to as Pre-K Counts Guidance)

Note: Pennsylvania began funding a preschool program for three- and four-year-olds with the introduction of Pre-K Counts in 2007.

The State has, by statute, authorized school districts to offer a four-year-old kindergarten program, known as K4. This program allows districts to offer children two years of kindergarten. The program is governed by K-12 academic standards and regulations.

Beginning in 2004, Pennsylvania implemented the Accountability Block Grant program, which has made funding available to districts for a variety of educational programs, including full-day kindergarten and preschool education.

Also beginning in FY 2004-05, the state began providing supplemental funding to Head Start programs to increase the availability of the program to eligible children.

The following materials are separated by the Pre-K Counts Program, Four-year-old Kindergarten Program, Accountability Block Grant Pre-kindergarten Program, and Head Start Supplemental Assistance Program, where applicable.

Provisions Expressing State Policy on Preschool:

Governor Rendell, Executive Budget Address 2007

In public education, this budget continues our policy of making strategic investments in the future of our children. This budget expands the Accountability Block Grant with $75 million to help Pennsylvania move closer to the goal of universal access to pre-kindergarten. This first installment will make pre-k available for more than 11,000 additional children next year. And I propose we also add $25 million to the block grant to drive us closer to the goal of full day kindergarten for every student. Study after study has proven what parents all over Pennsylvania already know: quality pre-kindergarten and full day kindergarten give young children the early skills they need to prepare them for a lifetime of achievement.

The Pennsylvania Department of Education states on its website, “Early childhood education is vital to student success. The Department of Education’s priorities for early childhood education include:

  • High-quality pre-school option,
  • Voluntary full-day kindergarten, . . . .

Communities can maximize early childhood education opportunities by drawing on a variety of funding sources available through the Pennsylvania Department of Education.

In Governor Rendell's Early Learning Budget Proposal for FY 2004-05, he stated, “An investment in early care and education is an investment in the future of Pennsylvania . . .. Over 30 years of research confirms the benefits of quality early education and care.”

Governor Rendell’s 2005 Education Agenda states: “High-quality pre-kindergarten, full-day kindergarten and small classes in grades K-3 are fundamental ingredients to academic success.”

In the Guidelines and Information on Accountability Block Grants, the Pennsylvania Department of Education states that it is committed to four key areas, one of which is “Early Success in School: All students will experience success in pre-kindergarten . . . so that they have a strong learning foundation to support future achievement.” The Appendix to the Guidelines additionally states, “Extensive research on pre-kindergarten programs demonstrates that quality pre-kindergarten not only prepares children for school, but also has a lasting positive effect on student achievement well beyond kindergarten. The challenge for many communities, however, is two-fold: 1) to ensure all children, particularly those who are considered ‘at-risk,’ have access to such programs; and 2) to ensure that the programs are of ‘high quality.’ To help Pennsylvania communities meet this challenge, the Commonwealth’s Accountability Block Grant may be allocated by districts to establish, maintain or expand pre-kindergarten programs.”

Eligibility Criteria for State Preschool Program:

22 PA ADC § 4.20

… (3) Prekindergarten programs may be offered to all 3 and 4 year olds or may be targeted to children who are most in need of prekindergarten services who reside in the district. Targeted programs may serve children who are at risk of school failure because of limited English proficiency, community factors, economic disadvantage, but may not exclude or be limited exclusively to children with disabilities. If a program is limited to an attendance area, children with disabilities must live in that attendance area to participate in the program. An attendance area is the geographic area within a school district designated by the school board for the purpose of assigning students to a school.

… (9) A school district may make individual exceptions to the age of prekindergarten students based upon local policy to permit the enrollment of children under 3 years of age and 5 years of age or older.

Pre-K Counts Program

24 P.S. § 15-1511-D

… "At-risk child." A child who is at a risk of educational failure because of limited English proficiency, poverty, community factors, academic difficulties or economic disadvantage.

… "Eligible student." A child who is at least three years of age and is younger than the entry age of kindergarten in the school district of residence.

24 P.S. § 15-1514-D

… To the greatest extent possible, the department shall:

(1) Give priority in grant funding to approved providers serving the highest number or the highest percentage of at-risk eligible students. …

Pre-K Counts Guidance at 14-15

Until the Pre-K Counts funding level is sufficient to serve all 3 and 4 year-olds in the Commonwealth, the distribution of the funds as provided for in the proposed statute, in combination with the process for selection of grantees from among all of the applicants, will favor those programs that seek to serve children most in need of services.

… children who are from low-income families, children with disabilities, children who are English Language Learners, children who reside in areas of high concentrations of poverty and children who are homeless would be the target recipients of Pre-K Counts funded services offered by a successful grantee. For purposes of this first year of the Pre-K Counts program [2007-2008], a "low-income family" is one for which income is at or below 300% of the federal poverty level.

Four-year-old Kindergarten Program

24 P.S. § 5-503: The board of school directors in any school district may establish and maintain kindergartens for children between the ages of four and six years . . . .

22 PA ADC § 11.14: When kindergarten is provided, the board of school directors shall establish the district's minimum entry age to kindergarten. The minimum entry age to kindergarten may not be less than 4 years no months before the first day of the school term. The district's maximum entry age to kindergarten must be less than the district's entry age for beginners.

Pursuant to 24 P.S. 25-2599.2, full-day kindergarten programs funded through the Commonwealth’s Accountability Block Grant program may be offered to “children who are between four and six years old.”

The Guidelines for full-day kindergarten programs funded through the Commonwealth’s Accountability Block Grant program state, “Districts should work with school leaders, teachers, parents and community partners . . . to develop a full-day kindergarten program that meets the needs of local children. The school-community collaboration should . . . identify[] and serv[e] the students who are most ‘at risk’ of not succeeding in school . . . .

Accountability Block Grant Pre-kindergarten Program

The Guidelines for pre-kindergarten programs funded through the Commonwealth’s Accountability Block Grant program state that “Pre-kindergarten programs should serve 3 and 4 year old students for up to two years prior to the kindergarten entrance age for the District . . . . If there are a limited number of slots for students, pre-kindergarten learning opportunities should first be offered to students at the highest risk of future academic failure . . ..”

Program Length/Duration:

22 PA ADC § 11.1.

Public prekindergartens, when offered, … shall be kept open each school year for a minimum of 180 days of instruction for students. Days may not be counted as days taught on which the schools are closed, and time may not be counted as a student session for an activity to which admission is charged. However, when a meritorious educational program warrants, the Secretary may, upon request, approve a school term containing a minimum of 990 secondary or 900 elementary and 450 kindergarten hours of instruction as the equivalent of 180 school days.

A Prekindergarten Program may be exempted from this requirement when approval as a meritorious prekindergarten is granted as provided in § 4.20(8) (relating to prekindergarten education).

22 PA ADC § 11.3(a)

Minimum hours of instruction time for students shall be as follows:

Grade

Hours

PreK—K

2 hours, 30 minutes, each day of the school term, unless exempted from the minimum hours of instructional time under § 11.1 (relating to school term)

Pre-K Counts Program

24 P.S. § 15-1515-D(a)

An approved provider that receives grant funds under this subarticle shall have the following duties:

…(2) Plan to provide no fewer than 180 days of pre-kindergarten over the course of the school year. A half-day program shall provide no fewer than two and one-half hours of instructional activities per day. A full-day program shall provide no fewer than five hours of instructional activities per day.

Four-year-old Kindergarten Program

24 P.S. § 5-503: . . . When established, the kindergartens shall be kept open for not less than two and one-half hours each day for the full school term as provided in section 1501. .

24 P.S. § 15-1501: All public kindergartens . . . shall be kept open each school year for at least one hundred eighty (180) days of instruction for pupils . . . .

22 PA ADC § 11.1:  Public kindergartens shall be kept open each school year for a minimum of 180 days of instruction for students. Days may not be counted as days taught on which the schools are closed, and time may not be counted as a student session for an activity to which admission is charged. However, when a meritorious educational program warrants, the Secretary may, upon request, approve a school term containing a minimum of . . . 450 kindergarten hours of instruction as the equivalent of 180 school days.

22 PA ADC § 11.3: Minimum hours of instruction time for students shall be as follows:
Grade Hours
PreK - K 2 hours, 30 minutes, each day of the school term …

Pursuant to 24 P.S. 25-2599.2, full-day kindergarten programs “establish[ed], maintain[ed], or expand[ed]” through the Commonwealth’s Accountability Block Grant program “shall be kept open for five hours each day for the full school term as provided in section 1501.”

The Guidelines for full-day kindergarten programs funded through the Accountability Block Grant program similarly state, “Such programs must have 5 hours of instructional time per day and be open for the full school year.”

Accountability Block Grant Pre-kindergarten Program

The Guidelines for pre-kindergarten programs funded through the Commonwealth’s Accountability Block Grant program state:

Length of Day. Effective pre-kindergarten programs consist of at least 5 hours of instructional time per day; 2.5 hours of instructional time is the minimum. Instructional time can include meals and snack time as long as a certified teacher is supervising students and using the time for student learning experiences. Student services such as speech pathology or audiology, as well as at the library and in art, music or physical education also constitute “instructional time” if provided by area specialists. Specialists do not need early childhood education certification.

Days Offered. Pre-kindergarten should be offered, at the least, on the same days as elementary school classes for a minimum of 180 days.

Scope of State’s Responsibility to Provide Preschool:

22 PA ADC § 4.20

School districts are not required to offer a prekindergarten program, and parents are not required to enroll their children in those programs if offered.

4 PA ADC § 6.61: The Governor's Task Force on Early Childhood Care and Education (Task Force) is charged with examining the full range of proven, evidence-based school readiness strategies available for early childhood care and education targeted at children age 0-8 and the existing Commonwealth services targeted to that age group. The Task Force will provide implementation cost estimates of each strategy based on experience in this Commonwealth or other states.

4 PA ADC § 6.62: The Governor's Task Force on Early Childhood Care and Education (Task Force) has the powers and duties to do the following:

(1) Serve in an advisory capacity.

(2) Assess the current menu of early care and education programs and services offered or funded by the Commonwealth for children and their families.

(3) Develop a model for the identification of programs that have a sufficient basis in science and a demonstrated record of effectiveness for discussion by the Task Force.

(4) Develop a comprehensive listing of programs meeting the effectiveness standards developed under paragraph (3).

(5) Provide per participant cost estimates for each program included in the list of effective programs.

(6) Identify innovative financing sources and models for early care and education based on existing initiatives in this Commonwealth and Nationally.

Pre-K Counts Program

24 P.S. § 15-1512-D

To the extent that funds are appropriated by the General Assembly, the department shall establish the Pennsylvania Pre-K Counts Program as a competitive grant program to expand pre-kindergarten opportunities for eligible students.

Accountability Block Grant Pre-kindergarten Program

24 P.S. § 25-2599.2: Funds obtained under [the Pennsylvania Accountability Grants] section may be used for any of the following:

(b)(1) Establishing, maintaining or expanding a quality pre-kindergarten program aligned with the current academic standards contained in 22 Pa. Code Ch. 4 (relating to academic standards and assessment).

(b)(2) Establishing, maintaining or expanding a quality full-day kindergarten program aligned with the current academic standards contained in 22 Pa. Code Ch. 4 . . . .

(c)(4) Where the accountability grant plan submitted under paragraph (2) ... proposes to use the grant funds for a program or activity under subsection (b)(1), (2) .. . the department may, within thirty (30) days from the receipt of the plan, make nonbinding recommendations for alternative utilization of the grant funds . . . .

The Guidelines for pre-kindergarten programs funded through the Commonwealth’s Accountability Block Grant program state, “Districts should work with school leaders, teachers, parents, early childhood experts and community partners (e.g. parents, civic leaders, early childhood community providers) to develop a pre-kindergarten program that meets the needs of local children. They should consider the types of services children and families need, such as before- and after-school care; summer programming; transportation; referrals to health and social services; healthy meals and snacks; English acquisition education for students and translation services for families who do not speak English. An effective pre-kindergarten program will take these needs into account in designing the program and linking it to appropriate supports . . . .”

Scope of State's Responsibility to Fund Preschool:

Four-year-old Kindergarten Program

There are no statutory provisions relating to funding of the Kindergarten for Four-Year-Olds Program. According to the National Institute for Early Education Research's State Preschool Yearbook, the state partially reimburses districts that opt to serve four-year-olds through the school funding formula. Through the Accountability Block Grant program, Pennsylvania made limited funding available to districts beginning in FY 2004-05 to "establish[ ], maintain[ ], or expand[ ]” preschool or full-day kindergarten programs, which are open to four-year-olds.

Pre-K Counts Program

24 P.S. § 15-1514-D

The department shall award grants under this subarticle to the extent that funds are appropriated for the program by the General Assembly. The grants shall be awarded on a per-student basis for each eligible student served by an approved provider and shall not exceed the per-student cost of administering the approved provider's pre-kindergarten program. To the greatest extent possible, the department shall:

(1) Give priority in grant funding to approved providers serving the highest number or the highest percentage of at-risk eligible students.

(2) Give priority in grant funding to approved providers that received grant funds in the immediately preceding school year, have met the program standards and have demonstrated satisfactory implementation of the program.

(3) Ensure that grant funding is geographically dispersed to approved providers throughout this Commonwealth.

Pre-K Counts Guidance at 35

The Department will pay the grantee an established fee per Pre- K Counts student. For half-day programs this amount is expected to be approximately $3,950 per child. For full-day programs this amount is expected to be approximately $7,900 per child.

Accountability Block Grant Pre-kindergarten Program

Through the Accountability Block Grant program, Pennsylvania made limited funding available to districts beginning in FY 2004-05 to "establish[ ], maintain[ ], or expand[ ]” preschool or full-day kindergarten programs, which are open to four-year-olds.

Source of Funding for Preschool Program:

2007 Pa. Laws Act 8A, § 212

The following amounts are appropriated to the Department of Education:

… For the Pennsylvania Accountability Grants.

State appropriation........ 275,000,000

For the Pre-K Counts Program.

State appropriation........ 75,000,000

For Head Start Supplemental Assistance.

State appropriation........ 40,000,000

Accountability Block Grant Pre-kindergarten Program

Note: Pennsylvania’s Accountability Block Grant program, established in 2004, is making $275 million available to school districts in FY 2007-08 to “support proven programs to improve educational achievement of students.” Funding amounts for each district are determined by the formula set forth below in 24 P.S. § 25-2599.2. The formula takes into account the proportion of students in a district scoring below proficient on the statewide proficiency tests, the property wealth of the district, the district’s poverty level, and enrollment. Twenty-five percent of the annual Accountability Block Grant appropriation is also allocated based on the proportion of students scoring at or above proficient in reading or math "in an effort to maintain the achievement of those students," according to the Guidelines.

24 P.S. § 25-2599.2. Pennsylvania Accountability Grants

. . . (d) During the 2004-2005 and 2005-2006 school years, the department shall pay to each school district a Pennsylvania Accountability grant equal to the sum of the amounts calculated under paragraphs (1) and (2) as follows:

(1) Each school district shall receive an amount based on the percentage of its students scoring below proficient on the PSSA tests, calculated as follows:

(i) Divide the number of PSSA tests administered in the school district on which students scored below proficient in reading or mathematics during the 2002-2003 school year by the total number of PSSA tests scored in reading and mathematics in the school district during the 2002-2003 school year.

(ii) Multiply the quotient from subparagraph (i) by the average daily membership of the school district for the 2002-2003 school year.

(iii) Multiply the product from subparagraph (ii) by the market value/income aid ratio of the school district for the 2003-2004 school year.

(iv) Multiply the product from subparagraph (iii) by one hundred fifty million dollars ($150,000,000).

(v) Divide the product from subparagraph (iv) by the sum of the products of subparagraph (iii) for all school districts.

(2) Each school district shall receive an amount based on the percentage of its students scoring at or above proficient on the PSSA tests, calculated as follows:

(i) Divide the number of PSSA tests administered in the school district on which students scored at or above proficient in reading or mathematics during the 2002-2003 school year by the total number of PSSA tests scored in reading and mathematics in the school district during the 2002-2003 school year.

(ii) Multiply the quotient from subparagraph (i) by the average daily membership of the school district for the 2002-2003 school year.

(iii) Multiply the product from subparagraph (ii) by the market value/income aid ratio of the school district for the 2003-2004 school year.

(iv) Multiply the product from subparagraph (iii) by fifty million dollars ($50,000,000).

(v) Divide the product from subparagraph (iv) by the sum of the products of subparagraph (iii) for all school districts.

(d.1)(1) During the 2006-2007 school year and each school year thereafter, the department shall pay to each school district a Pennsylvania accountability grant equal to the amount determined in subsection (d) plus the sum of the amounts calculated under paragraphs (2) and (3).

(2) Each school district shall receive an amount based on the percentage of its students scoring below proficient on the PSSA tests administered in grades five, eight and eleven, calculated as follows:

(i) Divide the number of PSSA tests administered in the school district on which students scored below proficient in reading or mathematics during the 2004-2005 school year by the total number of PSSA tests scored in reading and mathematics in the school district during the 2004-2005 school year.

(ii) Multiply the quotient from subparagraph (i) by the average daily membership of the school district for the 2004-2005 school year.

(iii) Multiply the product from subparagraph (ii) by the market value/income aid ratio of the school district for the 2005-2006 school year.

(iv) Multiply the product from subparagraph (iii) by thirty-seven million five hundred thousand dollars ($37,500,000).

(v) Divide the product from subparagraph (iv) by the sum of the products of subparagraph (iii) for all school districts.

(3) Each school district shall receive an amount based on the percentage of its students scoring at or above proficient on the PSSA tests administered in grades five, eight and eleven, calculated as follows:

(i) Divide the number of PSSA tests administered in the school district on which students scored at or above proficient in reading or mathematics during the 2004-2005 school year by the total number of PSSA tests scored in reading and mathematics in the school district during the 2004-2005 school year.

(ii) Multiply the quotient from subparagraph (i) by the average daily membership of the school district for the 2004-2005 school year.

(iii) Multiply the product from subparagraph (ii) by the market value/income aid ratio of the school district for the 2005-2006 school year.

(iv) Multiply the product from subparagraph (iii) by twelve million five hundred thousand dollars ($12,500,000).

(v) Divide the product from subparagraph (iv) by the sum of the products of subparagraph (iii) for all school districts. …

(d.2) (1) During the 2007-2008 school year, the department shall pay to each school district a Pennsylvania accountability grant equal to the amount determined under subsection (d.1) plus the sum of the amounts calculated under paragraphs (2) and (3).

(2) Each school district shall receive an amount based on the percentage of its students scoring below proficient on PSSA tests administered in the school district, calculated as follows:

(i) Divide the number of PSSA tests administered in the school district on which students scored below proficient in reading or mathematics during the 2005-2006 school year by the total number of PSSA tests scored in reading and mathematics in the school district during the 2005-2006 school year.

(ii) Multiply the quotient from subparagraph (i) by the average daily membership of the school district for the 2005-2006 school year.

(iii) Multiply the product from subparagraph (ii) by the market value/income aid ratio of the school district for the 2006-2007 school year.

(iv) Multiply the product from subparagraph (iii) by eighteen million seven hundred fifty thousand dollars ($18,750,000).

(v) Divide the product from subparagraph (iv) by the sum of the products of subparagraph (iii) for all school districts.

(3) Each school district shall receive an amount based on the percentage of its students scoring at or above proficient on PSSA tests administered in the school district, calculated as follows:

(i) Divide the number of PSSA tests administered in the school district on which students scored at or above proficient in reading or mathematics during the 2005-2006 school year by the total number of PSSA tests scored in reading and mathematics in the school district during the 2005-2006 school year.

(ii) Multiply the quotient from subparagraph (i) by the average daily membership of the school district for the 2005-2006 school year.

(iii) Multiply the product from subparagraph (ii) by the market value/income aid ratio of the school district for the 2006-2007 school year.

(iv) Multiply the product from subparagraph (iii) by six million two hundred fifty thousand dollars ($6,250,000).

(v) Divide the product from subparagraph (iv) by the sum of the products of subparagraph (iii) for all school districts.

(d.3) (1) During the 2007-2008 school year, the department shall pay a Pennsylvania accountability grant supplement from funds subject to distribution pursuant to subsection (b.2)(3) equal to the amount calculated under paragraphs (2), (3), (4) and (5).

(2) Each school district with a 2006-2007 full-day kindergarten average daily membership shall receive an amount based on the percentage of its students scoring below proficient on PSSA tests administered in the school district, calculated as follows:

(i) Divide the number of PSSA tests administered in the school district on which students scored below proficient in reading or mathematics during the 2005-2006 school year by the total number of PSSA tests scored in reading and mathematics in the school district during the 2005-2006 school year.

(ii) Multiply the quotient from subparagraph (i) by the full-day kindergarten estimated average daily membership of the school district for the 2006-2007 school year.

(iii) Multiply the product from subparagraph (ii) by the market value/income aid ratio of the school district for the 2006-2007 school year.

(iv) Multiply the product from subparagraph (iii) by three million seven hundred fifty thousand dollars ($3,750,000).

(v) Divide the product from subparagraph (iv) by the sum of the products of subparagraph (iii) for all eligible school districts under this paragraph.

(3) Each school district with a 2006-2007 full-day kindergarten average daily membership shall receive an amount based on the percentage of its students scoring at or above proficient on PSSA tests administered in the school district, calculated as follows:

(i) Divide the number of PSSA tests administered in the school district on which students scored at or above proficient in reading or mathematics during the 2005-2006 school year by the total number of PSSA tests scored in reading and mathematics in the school district during the 2005-2006 school year.

(ii) Multiply the quotient from subparagraph (i) by the full-day kindergarten estimated average daily membership of the school district for the 2006-2007 school year.

(iii) Multiply the product from subparagraph (ii) by the market value/income aid ratio of the school district for the 2006-2007 school year.

(iv) Multiply the product from subparagraph (iii) by one million two hundred fifty thousand dollars ($1,250,000).

(v) Divide the product from subparagraph (iv) by the sum of the products of subparagraph (iii) for all eligible school districts under this paragraph.

(4) Each school district shall receive an amount equal to two percent (2%) of the amount determined pursuant to subsection (d.1).

(5) After amounts have been paid pursuant to paragraphs (2), (3) and (4), any remaining funds subject to distribution pursuant to subsection (b.2)(3) shall be allocated to each school district as follows:

(i) Multiply the school district's 2006-2007 market value/income aid ratio by the number of additional full-day kindergarten students to be enrolled in the newly established or expanded full-day kindergarten program in the school district as indicated in the accountability grant plan submitted under subsection (c).

(ii) Multiply the product from subparagraph (i) by the total amount of forfeited grant funds subject to distribution under this paragraph.

(iii) Divide the product from subparagraph (ii) by the sum of the products from subparagraph (i) of all school districts with additional full-day kindergarten students to be enrolled in newly established or expanded full-day kindergarten programs.

Head Start Supplemental Assistance Program (HSSAP)

Pennsylvania’s Head Start Supplemental Assistance Program (HSSAP) provides grants to existing Head Start programs “to increase the availability of high quality pre-kindergarten Head Start services for eligible children throughout Pennsylvania.” The state made $15 million available in 2004-05; $40 million have been appropriated for 2007-08.

24 P.S. § 15-1502-D. Head Start Supplemental Assistance Program

(a) Establishment.--The Head Start Supplemental Assistance Program is hereby established to provide Head Start services to additional eligible children and to provide extended day services through existing Head Start providers.

(d) Criteria for funding.--To implement the program, the department shall request proposals from existing Head Start providers and may award grants or enter into service contracts with existing Head Start providers that meet all of the following criteria: (1) Demonstrate the need for additional Head Start services in the provider’s service area, whether the need is determined by the percentage of eligible children who are not served in the provider’s service area or by the demand for extended day services. (2) Demonstrate the ability to expand staff, space or services to serve additional children or to provide extended day services:

(i) within the Head Start program;

(ii) in cooperation with licensed child-care centers or registered family or group day-care homes; or

(iii) in cooperation with school entities. …

24 P.S. § 15-1503-D. Priority in funding

(a) General rule.--A Head Start provider that received a grant in the prior fiscal year shall be eligible to receive a grant in an amount equal to the grant received in the immediately preceding fiscal year, less any start-up costs. If by March 1 the Head Start provider did not enroll at least 90% of the number of children it was approved to serve for that year, then the grant shall be reduced proportionally based on the number of children enrolled as of March 1.

(b) Priority for remaining funding.--For the remaining funds, the department shall give priority in funding to Head Start providers applying for grants to serve additional eligible children.

Scope of Child's Right to Attend Preschool:

None.

Curriculum Content Standards for Preschool Program:

22 PA ADC § 4.20

… The [prekindergarten] program, when offered, must provide a comprehensive program appropriate for the age and varying developmental levels of the students; be based on how young children develop and learn; include instruction to support each child’s development in the areas of approaches to learning—creative expression, language and literacy, math, logic and science, social-personal development and physical development and health—and must be open to children with disabilities.

(1) The Secretary will provide academic standards, appropriate for early learning at the prekindergarten level, as guidance for the use of school districts that offer prekindergarten programs.

(2) Curriculum and instruction in the prekindergarten program must be standards-based.

… (4) The Secretary will issue guidance to school districts on developmentally appropriate curriculum, instruction and assessments for prekindergarten.

Pre-K Counts Program

24 P.S. § 15-1515-D(a)

An approved provider that receives grant funds under this subarticle shall have the following duties:

…(3) Align the pre-kindergarten program's curriculum with early learning standards established by the department.

Pre-K Counts Guidance at 23

Consistent with regulations of the State Board of Education the curriculum used in any Pre-K Counts classrooms or in any classrooms that include children who were counted in generating the per-child funding for the program must be aligned with the Early Learning Standards established by the PDE. The curriculum and instruction must be standards-based. Each applicant must select a curriculum to use in the Pre-K Counts program. …

The Early Learning Standards have been "cross-walked" and developed with close alignment to several nationally respected, commercially available curricula for Pre-K. The review is available on-line and may be used to inform local decisions about curriculum. However, the curricular choice is not limited to those that have been reviewed and compared to the Early Learning Standards.

Four-year-old Kindergarten Program

Districts operating a four-year old kindergarten program are bound by Pennsylvania’s academic standards, 22 PA ADC § 4.12.

The Department of Education has recently issued Pennsylvania Kindergarten Standards.

The Guidelines for full-day kindergarten programs that are “establish[ed], maintain[ed], or expand[ed]” through the Commonwealth’s Accountability Block Grant program state:

Standards-based, Effective Practices. Full-day kindergarten programs should be evidence-based, reflecting both the extensive research on full-day kindergarten and promising practices in the field, in order to maximize the opportunity for learning presented during a child’s early years. Effective full-day kindergarten programs should utilize Pennsylvania’s new Kindergarten Standards . ....

To ensure students meet the above-mentioned standards, effective full-day kindergarten programs:

ü   Are deliberate and purposeful in their teachers’ use of standards to guide classroom lessons

ü   Utilize a comprehensive curriculum that has a rigorous literacy and numeracy curriculum at its core

ü   Exhibit teachers’ instructional practices that are explicit in their instructional language and include a variety of configurations (e.g. whole group, small group, partner, and individual activities)

ü   Actively engage kindergartners in meaningful learning

ü   Support and expect high quality work from all students

ü   Are differentiated to meet the needs of all learners

ü   Include deliberate efforts to expand kindergartners’ vocabulary and expressive language

ü   Have clear expectations for children’s behavior that respect the age and development of the kindergartener.

ü   Provide many opportunities for kindergarteners to acquire and practice important learning behaviors (e.g. listening; participating; task persistence; self-regulation; making choices; exhibiting self-control; being organized; motivating self to do one’s best; working with others; respecting the rights, feelings and property of others, etc.).

ü   Are composed of classroom environments that:

  • Are attractive and stimulating to foster and stimulate the kindergartner’s curiosity, initiative and inquiry
  • Are literacy rich and incorporate literacy and numeracy learning throughout the day
  • Are organized and structured to support all areas of development through a range of instructional techniques and strategies
  • Foster many opportunities throughout the day for children and adults to talk, listen and respond to one another for a variety of purposes . . ..

Accountability Block Grant Pre-kindergarten Program

The Guidelines for pre-kindergarten programs funded through the Commonwealth’s Accountability Block Grant program state:

Standards-based and Effective Practices. Pre-kindergarten programs should reflect current scientific research and understandings in all related areas of early development to address the individual needs of a diverse population of children.

The use of Early Learning Standards should guide classroom practice and be used to maximize children’s growth and development across the key areas of learning addressed within the Standards: approaches to learning; creative arts; language and literacy; logical mathematics; personal and social, physical health, science and
social studies.

Early Learning programs for pre-kindergarten children should reflect the importance of family-community partnerships and cultural diversity. The Early Learning Standards section, “Program Partnerships” provides a framework for effective partnership building. …

The Department of Education has recently issued Early Learning Standards for Pre-Kindergarten.

Pennsylvania additionally has “Early Childhood Learning Continuum Indicators", which are not academic standards, but reflect a continuum of skills that are needed for all learners to be successful. The Indicators focus on preschool through Grade 2 in reading, writing, speaking and listening, and mathematics.

Teacher Certification/Qualification Standards for Preschool Program:

24 P.S. § 12-1205.2. Program of continuing professional education

(a) A continuing professional education program is hereby established for professional educators, the satisfactory completion of which is required to maintain active certification. Except as provided in subsection (j.1), the continuing professional education program shall require the satisfactory completion of continuing professional education every five (5) years, which shall include:

(1) six (6) credits of collegiate study;

(2) six (6) credits of continuing professional education courses;

(3) one hundred eighty (180) hours of continuing professional education programs, activities or learning experiences; or

(4) any combination of collegiate studies, continuing professional education courses, or other programs, activities or learning experiences equivalent to one hundred eighty (180) hours. …

22 PA ADC § 4.20

… (7) Beginning in the 2009-2010 school year, a teacher aide in a prekindergarten program shall meet one of the following criteria:

(i) Completion of a least 2 years of postsecondary study.

(ii) Possession of an associate’s degree or higher.

(iii) Ability to meet a rigorous standard of quality and demonstration through a formal State or local academic assessment of knowledge in and ability to assist in instructing reading, writing and mathematics. A rigorous standard of quality includes a demonstration of competence in basic literacy skills, including the ability to speak and write standard English and instruction of prekindergarten students in the acquisition of the knowledge, skills and abilities described in the early learning standards issued under paragraph (1).

… (11) School district contracted prekindergarten programs operated by a community provider shall provide a lead teacher for each classroom who meets the following minimum qualifications:

(i) An associate’s degree or greater in early childhood education or child development.

(ii) For programs operating before December 16, 2006, lead teachers shall possess a bachelor’s degree and early childhood certificate as provided in § 49.85(a) (relating to limitations) on or before December 16, 2011.

(iii) For programs contracted after December 16, 2006, lead teachers shall possess a bachelor’s degree and early childhood certificate as provided in § 49.85(a) within 5 years from the date students first attend the prekindergarten program.

22 PA ADC § 49.85

(a) Instructional certificates issued before January 1, 2013 remain valid for the term of the certificate for the grade spans and age levels outlined in items (1) through (6). For instructional certificates issued before January 1, 2013, the grade level limitations shall be the following:

(1) Early childhood (prekindergarten, kindergarten, grades one through three or ages 3 through 8). …

(b) For instructional certificates issued on or after January 1, 2013, the grade level limitations shall be the following:

(1) Early Childhood (prekindergarten, kindergarten, grades one through four or ages 3 through 9). …

(e) When a school district contracts with a community provider for the provision of prekindergarten services, prekindergarten teachers providing the services shall possess a certificate in early childhood as provided in subsection (a)(1) or subsection (b)(1) within the following time frame:

(1) For contracts in place prior to September 22, 2007, September 24, 2012.

(2) For new contracts, 5 years from the start of services.

(f) The Secretary may grant exceptions in response to shortages of certified personnel that apply Statewide to specific provisions of this section when it is necessary to facilitate transition to the revised provisions scheduled to become effective on January 1, 2013. …

Pre-K Counts Program

Pre-K Counts Guidance at 26-27

As with all pre-kindergarten classrooms operated by school districts, the standard for a lead teacher in a Pre-K Counts classroom or any classroom enrolling children who generated Pre-K Counts per child funding, is possession of a teaching certificate for early childhood education (ECE).

School district providers must meet this requirement immediately. Head Start grantees, Child Care programs, or licensed Nursery Schools may use a phase-in approach as follows:

  • At the start of the Pre-K Counts first program year for a child care or Head Start, the lead teacher in each Pre-K Counts classrooms or any classroom enrolling children who generated Pre-K Counts per child funding, must possess an associate’s degree or greater in early childhood education or development .
  • At the start of the Pre-K Counts first program year for a Licensed Nursery Schools, the lead teacher in every classroom that has children who generated Pre-K Counts per child funding must have a minimum of a bachelor’s degree and a license to teach in a private academic school.
  • By December 2011 the lead teacher in each Pre-K Counts classrooms or any classroom enrolling children who generated Pre-K Counts per child funding, must possess a bachelor’s degree and early childhood certification.

… By the 2009-2010 school year, teacher aides in all Pre-K Counts classrooms or any classroom enrolling children who generated Pre-Counts per child funding, must meet one of the following criteria:

  1. Completion of at least 2 years of postsecondary study, or
  2. Possession of an associate’s degree or higher, or
  3. Ability to meet a rigorous standard of quality and demonstration of knowledge in and the ability to assist a teacher in instructing reading, writing, and mathematics. …

Demonstration of this knowledge and ability can be accomplished through a formal State or local academic assessment, or possession by the teacher aide of a Child Development Associate’s (CDA) certificate.

Four-year-old Kindergarten Program

24 P.S. § 2599.2(b)(3): ... All teachers appointed and assigned to teach kindergarten, first, second or third grade shall be certified in accordance with 22 Pa. Code Ch. 49 (relating to certification of professional personnel) or its successors.

The Guidelines for full-day kindergarten programs funded through the Commonwealth’s Accountability Block Grant program state:

Quality teaching and support for teaching. Districts should commit to hiring or appointing only certified and highly qualified teachers to teaching positions for full-day kindergarten. For optimal instructional experiences for students, teachers should be certified in early childhood, pre-K to third grade. Elementary certification is an acceptable alternative. Full-day kindergarten increases the effect of quality teaching for students, but cannot compensate for poor teaching.

Full-day kindergarten teachers should be provided with ongoing professional development opportunities that are grounded in research and are specific to the needs of the teachers and children participating in the program. The professional development experiences should, at a minimum, meet the requirements outlined in Act 48. …

Accountability Block Grant Pre-kindergarten Program

The Guidelines for pre-kindergarten programs funded through the Commonwealth’s Accountability Block Grant program state:

Teacher Qualification. Teachers in school-based pre-kindergarten programs must be certified in early childhood education, i.e. pre-kindergarten through third grade. Community-based pre-kindergarten programs should seek to phase-in this requirement over a limited time period but are not currently required to hire teachers with certifications in early childhood education. By December 2011, the lead teacher in community-based classrooms utilizing ABG funds must possess a bachelor’s degree and early childhood certification.

Professional Development. Pre-kindergarten teachers should be provided ongoing professional development opportunities that are grounded in research and reflect promising practices aligned with the Early Learning Standards and are specific to the needs of the teachers and children participating in the program. The professional development experiences should, at a minimum, meet the requirements outlined in Act 48 . . . . Community partners who host pre-kindergarten programs should meet the level of professional development required by Act 48 within three years. The Pennsylvania Department of Education encourages districts to include the pre-kindergarten staff of community partners in their professional development activities.

Other Quality Standards for Preschool Program:

22 PA ADC § 4.20

… (6) Prekindergarten programs must have a student/ teacher ratio of no more than 20 students for one teacher and one teacher aide in a classroom (2 adults in a classroom for every 20 students). Programs of high quality ordinarily have a student/teacher ratio of 17 students for one teacher and one teacher aide in a classroom (2 adults for every 17 students). Programs operating under contract with community providers must comply with staffing qualifications as required by § 49.85(c) [now at § 49.85(e)] (relating to limitations).

… (8) The Secretary may approve a meritorious prekindergarten program that does not meet all regulatory requirements for the program when, in the Secretary’s judgment, the program provides high quality learning opportunities for students and meets the following conditions:

(i) The school district has submitted to the Secretary a written request that provides justification for the waiver and includes a description of how the meritorious program will provide high quality learning opportunities for students.

(ii) The approval of the meritorious prekindergarten program is valid only for 1 school year.

(iii) Requests for renewals include evidence of positive student outcomes.

4 PA ADC § 12.41(b)

Though the variety of student services offered will differ from school to school depending upon its size and the needs of its students, the following categories of services shall be provided by each school entity in planning its student services:

(1) Developmental services for students that address their developmental needs throughout their enrollment in school. Developmental services include guidance counseling, psychological services, health services, home and school visitor services and social work services that support students in addressing their academic, behavioral, health, personal and social development issues. When prekindergarten is offered, these services must include nutritional services or referrals. Nutritional services include:

(i) Federal and State funded school meal programs.

(ii) Special Supplemental Feeding Program for Women, Infants and Children (WIC).

(iii) Food Stamp Program.

(iv) Pennsylvania Fresh Foods Program.

(v) Local food and nutrition services for children and families.

Pre-K Counts Program

Pre-K Counts Guidance at 25-30

Pre-K Counts programs must have a student/teacher ratio of no more than 20 students for one teacher and one teacher aide in a classroom, that is, 2 adults in a classroom for every 20 students. Programs of high quality ordinarily have a student /teachers ratio of no more than 17 students for one teacher and one teacher aide in a classroom or 2 adults for every 17 students.

… A Pre-K counts program must provide nutritional, appropriately-timed meals and/or snacks for children attending the program. A full-day program must provide one or more nutritional, appropriately-timed meal(s) and a snack. A half-day program must provide a nutritional, appropriately-timed snack.

… Parent engagement in Pre-K Counts is another important element to the success of the program and the children receiving its services. Parent involvement doesn’t happen by accident or automatically, but requires planning and understanding of the diverse situations and needs of families and their children.

Four-year-old Kindergarten Program

The Guidelines for full-day kindergarten programs funded through the Commonwealth’s Accountability Block Grant program state:

Class Size and Student/Teacher Ratio. In order to ensure that programs are of high quality, districts should maintain a teacher/student ratio of 1:17. Teacher/student ratios should remain under 1:20 and be 1:25 at a maximum.

Accountability Block Grant Pre-kindergarten Program

The Guidelines for pre-kindergarten programs funded through the Commonwealth’s Accountability Block Grant program state:

Class size and Teacher/Student Ratios. The optimum teacher/student ratio is 1 teacher and 1 aide for every 17 students. At a minimum, the pre-kindergarten teacher/student ratio is 1 teacher and 1 aide for every 20 students. ...

Comprehensive Services. Effective pre-kindergarten programs facilitate connections between students and families and social and health services, and address the food and nutrition needs of children while they are attending pre-kindergarten. The Head Start standards provide a model of comprehensive services for districts and community partners, and include the provision of referrals for developmental and health screenings, parent involvement, nutritional services and information and referrals to social service agencies.

Student Transportation. Proven pre-kindergarten practice is to ensure that transportation is available. It is, however, advisable to avoid excessive expenditures for transportation to ensure that the quality of the program itself is not diminished. A modest portion of grant funds may be allocated for transportation costs.

Delivery of Preschool Services:

22 PA ADC § 4.13

(a) Every school district (including charter schools) shall develop and file with the Department a strategic plan once every 6 years …

… (c) … The plan must include the following components in addition to others the school entity determines to include:

… (12) A description of how the school district will accomplish coordination with community operated infant and toddlers and preschool early intervention programs and the following before or after school programs and services for all grade levels, including prekindergarten, if offered, through grade 12:

(i) Child care.

(ii) After school programs.

(iii) Youth workforce development programs.

(iv) Tutoring.

(13) A school district that offers prekindergarten shall describe the prekindergarten program and explain how the district will coordinate with agencies that serve preschool age children with disabilities. The plan must address coordination activities designed to identify and serve children with disabilities and the supports and accommodations available to ensure both physical and programmatic access. The plan must address prekindergarten programs operated directly by the school district and those operated by community agencies under contract from the school district.

(14) A brief description of how the school district will provide for a smooth transition for prekindergarten students, when prekindergarten is offered, from the home setting and any early childhood care or education setting the students attend, to the school setting. This description must include how the district will coordinate with the infants and toddlers and preschool early intervention agencies that serve children with disabilities to ensure a smooth transition for those children to the school district’s prekindergarten program.

22 PA ADC § 4.20(10)

A school district planning to offer or contract with a community agency to offer a prekindergarten program shall develop an implementation plan that describes the program and its target population. The plan must identify the facilities, staffing needs and other resources that it will use to deliver the program. The school district shall consult with parents, community agencies and organizations, and child care, early intervention and head start representatives when developing the implementation plan. In years subsequent to the initial year of the program, the implementation plan must become part of the strategic plan described in § 4.13 (relating to strategic plans) and included in the mid-term review and annual updates described in § 4.13.

Pre-K Counts Program

24 P.S. § 15-1511-D

… "Eligible provider." Any of the following entities, if the entity complies with all quality program standards established by the Department of Education:

(1) A school district.

(2) A Head Start program.

(3) A nursery school licensed under the act of January 28, 1988 (P.L.24, No.11), known as the Private Academic Schools Act.

(4) A child day care center or a group day care home that has met or exceeded the standards of STAR 2 under the Keystone STARS quality rating system established by the Department of Public Welfare.

Pre-K Counts Guidance at 20

The Pre-K Counts program requires the participating providers to work in a coordinated and collaborative manner with other Pre-K Counts programs as well as the early childhood community and the Commonwealth. Approved providers of Pre-K Counts programs must engage in coordination and partnerships organized for the purpose of community education and outreach on early childhood education, assessing needs and resources and coordinating and developing strategies to address these issues.

Accountability Block Grant Pre-kindergarten Program

The Guidelines for pre-kindergarten programs funded under the Commonwealth’s Accountability Block Grant program state:

Coordination with Child Care. Pre-kindergarten programs should coordinate with local child care programs to ensure that families have access to quality before- and after-school child care. Additionally, quality child care providers can offer pre-kindergarten programs at their site and can serve as implementation partners for the pre-kindergarten program…

Inclusion of Community Providers. The Pennsylvania Department of Education encourages school districts to identify existing, community-based, high quality pre-kindergarten programs, such as Head Start, early intervention, licensed child care sites or private academic nursery schools, in order to collaboratively establish new pre-kindergarten programs.

Experience from across the nation suggests that community providers should deliver at least 30-40% of the pre-kindergarten services on a statewide basis. Districts should use at least 10-20% of their pre-kindergarten funds to facilitate these partnerships.

The Pennsylvania Department of Education can provide specific advice about how to help school districts identify quality community partners to deliver pre-kindergarten services, and suggest various district and community provider models. In addition, Community Engagement Groups operate in every county that convenes a diverse group of community stakeholders to promote early learning in their communities.

Indicators of high quality early childhood services include:

ü  Head Start programs: Fully compliant with the Triennial Prism Review Process and completion of the Annual Program Self-Assessment with appropriate quality improvement.

ü  Child Care Services: Participation in Keystone STARS or accreditation through NAEYC.

Requirements for Student Assessment and Program Evaluation:

22 PA ADC § 4.20

… (4) The Secretary will issue guidance to school districts on developmentally appropriate curriculum, instruction and assessments for prekindergarten.

(5) Each school district that provides prekindergarten shall design an assessment system that includes prekindergarten and uses a variety of assessment strategies, which may include those listed in § 4.52(d) (relating to local assessment system), as appropriate.

Pre-K Counts Program

24 P.S. § 15-1516-D

(a) General rule.—No later than October 1, 2008, and October 1 of each year thereafter in which funding is appropriated for the purpose of providing grants to approved providers under this subarticle, the department shall submit a report to the chairman and minority chairman of the Appropriations Committee of the Senate, the chairman and minority chairman of the Appropriations Committee of the House of Representatives, the chairman and minority chairman of the Education Committee of the Senate and the chairman and minority chairman of the Education Committee of the House of Representatives summarizing the operation of the program for the immediately preceding fiscal year.

… (b) Interim report.—No later than February 1, 2008, the department shall submit an interim report regarding the program to the chairman and minority chairman of the Appropriations Committee of the Senate, the chairman and minority chairman of the Appropriations Committee of the House of Representatives, the chairman and minority chairman of the Education Committee of the Senate and the chairman and minority chairman of the Education Committee of the House of Representatives summarizing the operation of the program for the 2007-2008 fiscal year. …

Pre-K Counts Guidance at 23-25

The progress of each eligible student is to be measured using an assessment approved by the Department. Assessments of student progress are to be conducted at least three times over the course of the Pre-K Counts program year. They should be used to measure progress of children over time and to provide feedback to teachers and other staff so that they can adjust their practices and activities with students to meet their needs and fill in any leaning gaps. Assessments should be authentic and comprehensive and aligned to the Early Learning Standards.

  • First-Year Assessments of Student Progress. Pre-K Counts programs are free to select an approach to student, consistent with the standards noted below, in the first year of the program. An effective ongoing assessment strategy will be linked to the early learning standards, the curriculum and lesson planning, and will be:
    • Valid and reliable
    • Comprehensive (Will document outcomes in a minimum of the following key learning areas: literacy, math, physical and social-emotional development.)
    • Developmentally appropriate
    • Linguistically responsive

PDE recommends that pre-kindergarten programs adopt the assessment principles on curriculum and assessment that are outlined in Pennsylvania’s report, "Early Childhood Assessment for Children, Birth Through Age Eight," …

Assessments that measure student progress in the areas of literacy, math, physical, and social-emotional development are acceptable for this first year of the Pre-K Counts program.

  • Assessment of Student Progress in Subsequent Years. The Department is anticipating that it will require programs receiving Pre-K Counts funding to use the Work Sampling System for their child assessments by the second year of the program.

… In addition to assessing student progress, the Department will also require an assessment of the learning environment and use the results of this assessment as part of the monitoring process.

… A reliable assessment of the learning environment requires the application of a classroom assessment tool that permits a review of the environment, itself, and the teacher-child interaction within the environment. The Department has identified the Early Childhood Environmental Rating Scale (ECERS) as the tool that will be used to assess the learning environment in Pre-K Counts Classrooms. Each grant recipient will be required to participate in the ECERS assessment program at its own expense. This program will involve self-assessment and assessment by a designated outside assessor.

Pre-K Counts Guidance at 34

Program Site Visitation. Because the proposed legislation requires the Department to establish requirements to ensure the quality and effectiveness of the program and monitor approved providers, all grantees will be required to provide assurances of their willingness to comply with monitoring requirements. Monitoring requirements will include the following:

  • Site visits
  • Participation in both the self-assessment and outside-assessment components of the ECERS assessment
  • Administration of the designated student assessment
  • Provision of required information to PDE.

Staff from the Office of Child Development and Early Learning will be making periodic site visits to learn about program operation and to identify model programs and practices. Classroom observations and reviews of reporting measures will be conducted to assure adherence to the PA Pre-K Counts program requirements. Those programs that are found to be deficient will be expected to develop and implement a program improvement plan.

Four-year old Kindergarten Program

The Guidelines for full-day kindergarten programs funded through the Commonwealth’s Accountability Block Grant program state:

Curriculum, Assessment and Program Evaluation.

Effective early childhood practices include a system of linked curriculum, lesson planning and ongoing assessment that is:

  • Valid and reliable.
  • Comprehensive.
  • Developmentally appropriate.
  • Linguistically responsive.

… The quality full day kindergarten program should complete child-level assessments a minimum of three times over the course of the school year.

Accountability Block Grant Pre-kindergarten Program

The Guidelines for pre-kindergarten programs funded through the Commonwealth’s Accountability Block Grant program state:

Curriculum, Assessment and Program Evaluation. Effective early childhood practices include a system of linked curriculum, lesson planning and ongoing assessment that is:

  • Valid and reliable
  • Comprehensive
  • Developmentally appropriate
  • Linguistically responsive

The Pennsylvania Department of Education recommends that pre-kindergarten programs adopt the assessment principles on curriculum and assessment that are outlined in Pennsylvania’s report, “Early Childhood Assessment for Children, Birth Through Age Eight”..

The quality pre-kindergarten program should complete child-level assessments a minimum of three times over the course of the year.

Program-level evaluation and assessment is another component of a quality prekindergarten program. In addition to the use of the Early Childhood Environmental Rating Score (ECERS), pre-kindergarten classrooms should develop a self-assessment that evaluates program goals and objectives and program delivery in relation to identified community needs.


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