State Preschool Program

Overview

Rhode Island does not have a state-funded preschool program. However, it provides some support for prekindergarten and early care and education programs through a handful of initiatives. The Comprehensive Child Care Services Program (CCCSP), administered by the state Department of Human Services, funds early education services in community-based child care centers for children who are either income or categorically eligible. According to the National Institute for Early Education Research (NIEER), this program served 1,100 children in 2003-2004, supported with $1.2 million from the Child Care and Development Fund (CCDF) quality set-aside. The Early Childhood Investment Fund and Targeted School Aid are also available to school districts with significant at-risk or low-income populations. Districts may choose to use these funds for prekindergarten programs or early childhood services. According to NIEER, six districts used Early Childhood Investment Fund money for preschool programs in 2002-2003. The Early Childhood Investment Fund has been level funded at $6.8 million annually since FY 2003. In addition, there is an Early Childhood Foundation which provides technical assistance and seed grants to local school districts for early childhood education programs.

Rhode Island also has a state supplement program for Head Start that, in 2005-2006, provided $1.8 million and served an estimated 302 three- and four-year olds.

State Policy

The regulations for the Comprehensive Child Care Services Program articulate the policy goal of the program—to enable children to enter school ready to learn and to leave school ready to lead productive lives.

Eligibility Criteria

The Comprehensive Child Care Services Program serves three- and four-year-olds, as well as five-year-olds who have not enrolled in kindergarten. These children are eligible if their family income is no greater than 108% of the federal poverty level, or if they are categorically eligible as a welfare recipient, child in foster care, or the child of a teenage parent participating in the Adolescent Self-Sufficiency Collaborative program. Non-eligible children are also served by CCCSP providers, paying tuition as required by the specific provider.

The Early Childhood Investment Fund, Targeted School Aid and Early Childhood Foundation all make funding available to school districts that serve at-risk and low-income children but have no restrictions on program eligibility within these districts.

Program Length/Duration

According to Rhode Island’s Office of Child Care, the CCCSP operates half-day and full-day programs. Hours or days of operation are not specified for the other state-funded pre-k programs.

Funding

Funding for preschool services comes from a number of sources in Rhode Island. The legislature appropriates funds to the Early Childhood Investment Fund for distribution to school districts based on their average daily count for grades kindergarten through third grade. These funds may be used for early childhood programs that focus on improving student performance through developmentally appropriated curriculum and integrated health and social services. School districts must give funding priority to schools serving high concentrations of at-risk students. $6.8 million were appropriated to the Early Childhood Investment Fund for FY 2008.

The Comprehensive Child Care Services Program, which provides funds to child care providers to improve program quality and enable low-income and at-risk children to enroll, is also funded by general assembly appropriations to the Department of Human Services. According to NIEER, Rhode Island also uses federal CCDF (Child Care and Development Fund) money to support the program. Eligible children are not required to pay for CCCSP services, while non-eligible children pay tuition as required by the individual provider. CCCSP enrollment was 280 for 2005-2006, but more than 1200 children overall benefited from the classroom and program enhancements required for CCCSP providers.

Targeted School Aid is available to low-income districts and can be used to support prekindergarten services, among many other allowed educational programs. In recent years, only four or five of the state’s largest cities have qualified for this aid, which has been funded at $20 million a year for FY 2004 through FY 2008.

The Early Childhood Foundation provides seed grants and technical assistance to school districts, which may use the funds to develop preschool programs for underserved populations.

Quality Standards

In its national survey of quality standards in 2004, the National Institute for Early Education Research (NIEER) noted that Rhode Island’s state standards applicable to all licensed early education programs would meet most of NIEER’s ten quality benchmarks, although those programs do not qualify as state-funded preschool initiatives as defined by NIEER. Class size for three-year olds in the Comprehensive Child Care Services Program cannot exceed 18, with a teacher/child ratio of 1:9. For four-year olds, class size is limited to 20 with a teacher/child ratio of 1:10. This meets or exceeds the NIEER benchmark.

The state requires all teachers in the CCCSP program to have a bachelor’s degree and specialized early childhood certification or training, and requires assistant teachers to have a high school diploma. Thus, Rhode Island’s preschool programs do not meet the NIEER benchmark of at least a CDA for assistant teachers.

Providers of services through the CCCSP must be certified in accordance with the Department of Human Services’ "Certification Standards for Comprehensive Child Care Services Networks." These standards require at least one meal for children, parental involvement, and support services.

Rhode Island has developed early learning standards for prekindergarten.

Delivery of Preschool Services

The CCCSP establishes a network of certified private providers collaborating to provide comprehensive child care and education services. All other funding sources go directly to local districts and do not contain any specific provisions for subcontracting or collaborating with private providers.

Requirements for Student Assessment and Program Evaluation

Providers of services under the CCCSP must collect and submit data on comprehensive demographics and outcomes related to program participants and their families. The Early Childhood Investment Fund requires districts receiving funds to keep records on student progress so that data will be available to conduct longitudinal studies.

Legal Framework

Education Clause in State Constitution

The state constitution requires the General Assembly to "to promote public schools and public libraries, and to adopt all means which it may deem necessary and proper to secure to the people the advantages and opportunities of education and public library services."

Summary of Case Law on School Finance System

In the City of Pawtucket case, the Rhode Island Supreme Court upheld the state system of school finance against plaintiffs’ claims that it violated the education and equal protection clauses of the state constitution. The Court held that the separation of powers doctrine placed the issue entirely within the province of the legislature. The court also dismissed plaintiffs’ equal protection claim, ruling that education was not a fundamental right and that the state’s school finance system was rationally related to the legitimate state interest in maintaining local control over education.

Summary of Case Law on Preschool

None of the cases have addressed the right to preschool.

Constitutional Provisions on Public Education

R.I. Const. Art. XII, § 1

The diffusion of knowledge, as well as of virtue among the people, being essential to the preservation of their rights and liberties, it shall be the duty of the general assembly to promote public schools and public libraries, and to adopt all means which it may deem necessary and proper to secure to the people the advantages and opportunities of education and public library services.

R.I. Const. Art. XII, § 2

The money which now is or which may hereafter be appropriated by law for the establishment of a permanent fund for the support of public schools, shall be securely invested and remain a perpetual fund for that purpose.

R.I. Const. Art. XII, § 3

All donations for the support of public schools, or for other purposes of education, which may be received by the general assembly, shall be applied according to the terms prescribed by the donors.

R.I. Const. Art. XII, § 4

The general assembly shall make all necessary provisions by law for carrying this article into effect. It shall not divert said money or fund from the aforesaid uses, nor borrow, appropriate, or use the same, or any part thereof, for any other purpose, under any pretence whatsoever.

Case Law on the Right to Public Education and Preschool

Is Education a Fundamental Right under the State Constitution?

In City of Pawtucket v. Sundlun, the trial court ruled that "there is a fundamental and constitutional right for each child to an opportunity to receive an education in Rhode Island." On appeal, however, the Rhode Island Supreme Court ruled that this determination was "clearly wrong," stating, "The education clause confers no such right, nor does it guarantee an ‘equal, adequate, and meaningful education.’" City of Pawtucket v. Sundlun, 662 A.2d 40, 55 (R.I. 1995).

School Finance Cases in Favor of Plaintiffs:

None.

Standard for a Constitutionally Adequate Education:

None.

School Finance Cases against Plaintiffs:

City of Pawtucket v. Sundlun, 662 A.2d 40 (R.I. 1995)

This consolidated action was filed in 1991 and 1992 by students, parents, and school representatives from three Rhode Island cities against the Governor and other state officials. Plaintiffs sought a declaratory judgment that the state’s school funding system violated the education, equal protection and due process clauses of the state constitution.The trial court decided in plaintiffs’ favor on all three claims, but the Rhode Island Supreme Court reversed.

The Rhode Island Supreme Court dismissed plaintiffs’ claim under the education clause, ruling that creation of the school funding system was solely within the province of the legislature. The finance system also survived plaintiffs’ equal protection claim, the Court holding that education is not a fundamental right in Rhode Island and the funding formula was rationally related to the legitimate state interest in maintaining local control over education. The Court found it particularly significant that Rhode Island ranked sixth highest in the nation in average per pupil expenditures, and third highest in its ability to equalize the funding of local school districts. Nevertheless, the Court did recognize that funding disparities existed, and "encourage[d] additional state funding for public education[.]" 662 A.2d at 61.

Decisions Ruling School Finance Issues Were Non-Justiciable:

City of Pawtucket v. Sundlun, 662 A.2d 40, 58-59 (R.I. 1995)

The Supreme Court of Rhode Island ruled that the separation of powers doctrine precluded it from creating standards and policies to govern school funding in Rhode Island. The state constitution clearly mandated that the legislature alone was responsible for "the task of designing a system of public education" and determining the standards for an appropriate education. 662 A.2d at 57-58.

Cases Related to State-Funded Preschool:

None.

Pending School Finance Cases:

None.

Statutes, Regulations and Guidance Documents on State Preschool Program

Rhode Island General Laws (R.I. Gen. Laws) § 16-7.1-11, Early Childhood Investment Fund

Rhode Island General Laws (R.I. Gen. Laws) § 16-7.1-16, Targeted School Aid

Rhode Island General Laws (R.I. Gen. Laws) § 42-12-26, Expansion and Enhancement of Early Education and Care for Low-Income Children [Comprehensive Child Care Services Program (CCCSP)]

Rhode Island General Laws (R.I. Gen. Laws) § 45-49.1-1 et seq., Early Childhood Foundation

Rhode Island Code R. ch. 42.1 § 0855, Comprehensive Child Care Services Program (CCCSP)

See also:

Rhode Island Department of Education, Rhode Island Early Learning Standards (2003).

Rhode Island Department of Human Services, Certification Standards for Comprehensive Child Care Services Networks (1999), available from the DHS Office of Child Care, (401) 462-3415. Cited here as "CCCSP Certification Standards."

Rhode Island Department of Human Services, Division on Children, Youth and Families, Child Day Care Center Regulations for Licensure (1993). Cited herein as "Child Care Licensure Regulations."

Rhode Island General Assembly, State Education Aid (2007)

Provisions Expressing State Policy on Preschool:

R.I. Code R. ch. 42.1 § 0855.01.01

The Comprehensive Child Care Services Program (CCCSP) shall make enhanced child care services available to children, and particularly those from low-income families, from the age of three (3) up to the age of six (6) or entry into kindergarten, whichever comes first. The purpose of the program is to ensure that preschool children in Rhode Island have access to the early education and support services that enable them to enter school ready [to] learn and to leave school ready to lead productive lives.

Eligibility Criteria for State Preschool Program:

Comprehensive Child Care Services Program

R.I. Code R. ch. 42.1 § 0855.02.01

Children that meet the following requirements are eligible … :

(1) Age. The child shall be at least three (3) years of age to enroll in the CCCSP. Eligibility ceases upon the child’s sixth (6th) birthday or upon entry into a Rhode Island Department of Education licensed kindergarten program, whichever comes first … .

(2) Children who meet the age requirement are either income or categorically eligible for the CCCSP:

a. Income Eligible. Countable income of the applicant-child(ren) and the financially responsible parent(s)/caretaker relative shall not exceed 108 percent of the federal poverty level (FPL) …

b. Categorically Eligible. The child is eligible as member of any one of the following groups:

i. FIP Recipient. The child or the child’s family is currently receiving cash assistance through the Rhode Island Family Independence Program (FIP);

ii. Foster Care Children. The child is receiving foster care services provided under the authority of the Rhode Island Department of Children, Youth and Families; or

iii. Adolescent Self-Sufficiency Collaborative (ASSC) Participant. The parent of the child is participating in the ASSC program.

(3) Residency and Citizenship. The child is a resident of Rhode Island and a citizen or documented legal immigrant (alien) of the United States …

Program Length/Duration:

State statutes and regulations do not address length and duration of preschool programs.

Scope of State’s Responsibility to Provide Preschool:

Comprehensive Child Care Services Program

R.I. Gen. Laws § 42-12-26(a)

The general assembly shall annually appropriate such funds as it deems necessary to enable the department of human services to establish a program whose express purposes are:

(i) To increase the numbers of eligible children in existing Head Start program, especially in underserved areas; and

(ii) To increase resources to child care providers for the enhancement of services to low income children. Enhancement of services shall include social services, health, mental health, nutrition service, parent involvement and transition services for children entering kindergarten.

Early Childhood Investment Fund

R.I. Gen. Laws § 16-7.1-11. The general assembly establishes the Early Childhood Student Investment Fund to provide schools and teaching staff for the early grades with resources to begin improving student performance and to provide early care and pre-kindergarten programs.

... Funding emphasis for early childhood programs shall be given by the districts to the schools serving concentrations of at-risk students …

Targeted School Aid

R.I. Gen. Laws § 16-7.1-16.

(a) In addition to those funds described in § 16-7.1-15, each district with a tax effort index below 1.0 as calculated pursuant to § 16-7.1-6 and with a free and reduced lunch count in grades K-3 greater than forty percent (40% ) shall receive targeted school aid. …

... (c) Districts may use targeted funds in new or expanded programs for:

1. Early childhood education …

Early Childhood Foundation

R.I. Gen. Laws § 45-49.1-1. There is established within the department of elementary and secondary education an "Early Childhood Foundation" for the purpose of providing technical assistance and seed grants to local school districts in support of their efforts to develop:

(1) Preschool education for families which cannot afford private nursery school programs and the nearly seventy percent (70%) of Head Start eligible children who are not presently served by Head Start.

... (3) Transition programs which create bridges for children and their parents between preschool, kindergarten and the primary grades.

(4) Any other early childhood education program that the commissioner of elementary and secondary education deems appropriate to fulfill the purposes of this chapter.

Scope of State's Responsibility to Fund Preschool:

Comprehensive Child Care Services Program

R.I. Gen. Laws § 42-12-26

(a) The general assembly shall annually appropriate such funds as it deems necessary to enable the department of human services to establish a program whose express purposes are:

(i) To increase the numbers of eligible children in existing Head Start program, especially in underserved areas, and

(ii) To increase resources to child care providers for the enhancement of services to low income children.

R.I. Code R. ch. 42.1 § 0855.01.03

(3) Program Resources. The department shall make payments to the certified Networks providing CCCSP services, on a per eligible child enrolled basis. As funding for the CCCSP is limited, each year the department shall establish an enrollment cap that restricts the total number of eligible children allowed to receive CCCSP subsidized services at any one time. The department shall maintain a CCCSP Waiting List containing the names of any child deemed eligible once the enrollment cap has been reached. In doing so, it is the goal of the department to ensure that each child eligible for the CCCSP is afforded fair access to services within established resource limits.

Early Childhood Investment Fund

R.I. Gen. Laws § 16-7.1-11

… The general assembly shall annually appropriate some sum [for the Early Childhood Investment Fund] and distribute it based on each district's proportion of their average daily membership for grades kindergarten through and including third grade in the reference year … [T]hese funds may be used for early childhood pilot programs...that focus on beginning to improve student performance through developmentally appropriate early childhood education and integrated social and health service support. Funding emphasis for early childhood programs shall be given by the districts to the schools serving concentrations of at-risk students and shall be integrated with programs for special needs students …

Source of Funding for Preschool Program:

Early Childhood Investment Fund

R.I. Gen. Laws § 16-7.1-11

… The general assembly shall annually appropriate some sum [for the Early Childhood Investment Fund] and distribute it based on each district's proportion of their average daily membership for grades kindergarten through and including third grade in the reference year …

Targeted School Aid

R.I. Gen. Laws § 16-7.1-16.

(a) In addition to those funds described in § 16-7.1-15, each district with a tax effort index below 1.0 as calculated pursuant to § 16-7.1-6 and with a free and reduced lunch count in grades K-3 greater than forty percent (40% ) shall receive targeted school aid. …

... (c) Districts may use targeted funds in new or expanded programs for:

(1) Early childhood education …

Comprehensive Child Care Services Program

R.I. Gen. Laws § 42-12-26(a)

The general assembly shall annually appropriate such funds as it deems necessary to enable the department of human services to establish a program whose express purposes are:

(i) To increase the numbers of eligible children in existing Head Start program, especially in underserved areas, and

(ii) To increase resources to child care providers for the enhancement of services to low income children. ...

Scope of Child's Right to Attend Preschool:

Comprehensive Child Care Services Program

R.I. Code R. ch. 42.1 § 0855.01.03

(3) … As funding for the CCCSP is limited, each year the department shall establish an enrollment cap that restricts the total number of eligible children allowed to receive CCCSP subsidized services at any one time. The department shall maintain a CCCSP Waiting List containing the names of any child deemed eligible once the enrollment cap has been reached. In doing so, it is the goal of the department to ensure that each child eligible for the CCCSP is afforded fair access to services within established resource limits.

Curriculum Content Standards for Preschool Program:

Rhode Island Early Learning Standards

[Sample]

… 4. Literacy. Children develop skills in writing and reading while exploring print in books and in the environment.

…

Teacher Certification/Qualification Standards for Preschool Program:

Comprehensive Child Care Services Program

Note: CCCSP Providers must meet DHS Division of Children Youth and Families (DCYF) Child Day Care Center Licensure Regulations

Child Care Licensure Regulations

TWO: STAFF QUALIFICATIONS AND DEVELOPMENT

… TEACHER QUALIFICATIONS: [A teacher] in a center shall meet one of the following:

• Hold a current Rhode Island certificate in Early Childhood Education; or
• Hold a Bachelor's or Master's degree in Early Childhood Education or Child Development from an accredited or approved institution of higher education; and have a minimum of three months supervised teaching experience in a licensed/approved early childhood program for the appropriate age level (student teaching may fulfill this requirement); or
• Hold a Bachelor's degree from an accredited or approved institution of higher education and have met the course work and experiential requirements defined in the Rhode Island Early Childhood certification standards.

TEACHER AIDE QUALIFICATIONS: A teacher aide shall be at least 18 years old; and have or be working toward a high school diploma or equivalent; and participate in an ongoing early childhood staff development program.

Other Quality Standards for Preschool Program:

Comprehensive Child Care Services Program

R.I. Code R. ch. 42.1 § 0855.01.03.

The Office of Child Care shall certify Comprehensive Child Care Services Networks (CCCS Networks or Networks) to provide eligible children and their families with high quality early education and a range of social services supporting family stability and child success.

(1) CCCSP Priorities.

Each CCCS Network shall provide CCCSP early education and social services that achieve or lend support to the following program priorities:

a. Children’s health and program safety;

b. A quality early education experience;

c. Children’s mental health and wellness, including meaningful inclusion and early education for children with disabilities;

d. Healthy nutrition for children;

e. Family education and empowerment; and

f. Linkages and partnerships between service providers, local schools and other organizations in the community.

R.I. Code R. ch. 42.1 § 0855.03.03.

To qualify for certification as a CCCS Network, the provider or group of providers making application shall meet the certification and performance standards established in the Rhode Island Department of Human Services’ publication: Certification Standards for Comprehensive Child Care Services Networks.

R.I. Code R. ch. 42.1 § 0855.03.04.

(3) The department reserves the right to decertify a Network, or particular provider participating in the Network, for any of the following reasons … Failing to maintain DCYF licensure in good-standing or otherwise failing to comply with DCYF regulations applicable to the setting in which early education or child care is provided.

CCCSP Certification Standards

Note: The CCCSP Certification Standards, available from the Rhode Island Department of Human Services, incorporate DHS Division of Children Youth and Families Child Care Licensure Regulations (1993). These regulations set staffing ratios at 1:9 with a maximum group of 18 for three-year-olds and 1:10 and a maximum of 20 for four-year-olds. There are also meal and snack requirements and other comprehensive program, environment, and facility requirements.

Delivery of Preschool Services:

Comprehensive Child Care Services Program

R.I. Code R. ch. 42.1 § 0855.01.02

Comprehensive Child Care Service Network or CCCS Network or Network means a group of providers joined together in collaborative partnership that meets CCCSP certification and performance standards and is authorized, by the department, to provide subsidized comprehensive child care services to eligible children.

CCCSP Certification Standards

Participants in the partnership may be:

• Head Start programs;
• Licensed child care centers;
• Licensed family child care homes or licensed family child care group homes;
• Local education agencies (LEAs);
• Community based organizations that provide services to families and children; or
• DHS subsidized in-home or relative providers.

Requirements for Student Assessment and Program Evaluation:

Comprehensive Child Care Services Program

CCCSP Certification Standards

Standard 6: Data Collection & Outcome Measures

Comprehensive Child Care Services Networks will be required to collect and submit data on:

• Demographics of enrolled children and their families
• Types of services provided to children and families
• Encounter data
• Results of developmental screenings
• Referrals…
• Turnover of enrolled children & families
• Eligibility profile of enrolled children
• Staff qualifications and ongoing professional development
• Staff wages and turnover
• Health status of child
• Medical insurance status
• Family involvement/education activities and participation rate of enrolled families
• Unmet needs of children and families in network provider programs
• Cost of services
• Number of children served
• Complaints
• Family satisfaction
• Outreach to establish community linkages and partnerships
• Efforts to secure additional funding to support expansion/enhancement of services

Early Childhood Investment Fund

R.I. Gen. Laws § 16-7.1-11 … [S]chool links shall be made with programs and students to facilitate full assessment of students' school readiness and needs prior to entry into first grade and to help receiving schools meet the entering child's needs … Any program that receives funds under this section must keep records on the children's attendance and progress so that data will be available to conduct longitudinal studies.