State Preschool Program

Overview

South Carolina has a state-funded prekindergarten program that serves at-risk four-year-olds. The Half-Day Child Development Program (4-K Program) is provided primarily through public schools, although districts may choose to contract with private providers. Each school district must have at least one 4-K program. According to the National Institute for Early Education Research, South Carolina served 31% of all four-year-olds in the 4-K Program in 2005-2006 with state funding of $1,085 per child.

In the 2006-2007 school year, South Carolina initiated a two-year Pilot Program of full-day prekindergarten for at-risk four-year-olds in some school districts.

The state also funds an Early Childhood Assistance Program that mainly focuses on children beginning in kindergarten. However, districts are permitted to use a portion of these funds to supplement its prekindergarten program. South Carolina also developed a program known as First Steps to School Readiness, which coordinates and provides some funding for public and private initiatives relating to early childhood education. Under the First Steps program, county partnerships distribute state, federal and private funds to public and private programs, including the 4-K Program.

State Policy

The legislation creating the First Steps Program makes reference to the scientific research establishing the importance of early childhood education. It also underscores the importance of collaboration between state government, community organizations and families.

Eligibility Criteria

The 4-K Program serves at-risk four-year-olds. Three-year-olds may also be served in programs that were serving this age group in 1984 when the legislation was enacted. Children at risk of early school failure are identified based on a developmental screening tool together with additional district-defined criteria that have a high correlation with the lack of success in school.

The Pilot Program is open to four-year-olds from families eligible for Medicaid or with an income at or below 185% of the federal poverty level. The program will initially be available in only eight school districts, and will be expanded to an additional 28 districts if funds are available.

Program Length/Duration

The 4-K Program is a half-day program. It must meet at least 180 days during the school year. There are supplemental programs in some districts that provide extended hours.

The Pilot Program is a school year, full-day (6.5 hour) program. Providers are encouraged to provide wraparound services, for which they may charge tuition.

Funding

The 4-K Program is primarily funded through appropriations of the General Assembly. Funding is required to be maintained at no less than the 1993-94 funding level. Districts receive allocations based on the number of kindergarten children eligible for free or reduced lunch.

The state also funds an Early Childhood Assistance Program, which although primarily focused on kindergarten and above, does allow districts to use a portion of the funds to supplement its prekindergarten program. South Carolina also developed a program known as First Steps to School Readiness, which coordinates and provides some funding for public and private initiatives relating to early childhood education. Under the First Steps program, county partnerships distribute state, federal and private funds to public and private programs including funding some slots for the 4-K Program, as well as extension to full-day and other services. The First Steps program requires a local match of 15 percent.

The Pilot Program is also primarily funded through General Assembly appropriations. Providers will receive $3,931 per child, plus $550 per child for transportation costs. Parent fees may only be charged for childcare that is provided before or after the instructional day.

Quality Standards

In a national survey of quality standards, the National Institute for Early Education Research (NIEER) gave South Carolina's 4-K Program a rating of eight out of ten. The 4-K Program meets the NIEER benchmark for teacher qualification because it requires both a bachelor’s degree and specialization in early childhood education. However, the state requires only a high school diploma for teaching assistants, not the CDA necessary to meet the NIEER benchmark. While South Carolina requires prekindergarten programs to meet curricular standards, the standards are not available in all major subject areas, thereby falling short of the NIEER benchmark. State quality standards require a class size of 20 and a staff/child ratio of 1:10, meeting NIEER's benchmark for these factors. The State also requires site visits and other monitoring, meeting NIEER’s program monitoring benchmark.

Teachers in the new Pilot Program (not yet rated by NIEER) are required to have an associate’s degree specializing in early childhood education, and must be working towards teacher certification within four years. This falls short of the NIEER benchmark of a bachelor’s degree for lead teachers. Classroom assistants must have a high school diploma and two years of experience with preschool children, and must have completed the Early Childhood Development Credential 101 course or complete it within a year of hiring. All teachers and assistants must complete 15 hours of professional development annually. The Pilot Program also requires a maximum class size of 20 and a staff/child ratio of 1:10, meeting these NIEER benchmarks. Providers must adopt an approved research-based preschool curriculum, and parenting education and parent conferences are also key components of the Pilot Program.

Delivery of Preschool Services

The 4-K Program is provided primarily through the public schools, although school districts may contract with private childcare and preschool providers to provide the program. Private providers are required to meet the 4-K Program regulations. The state puts emphasis on collaboration and coordination, requiring districts to have comprehensive plans to coordinate funding sources and programs related to early childhood education. Under the First Steps program, counties must develop partnerships to assist in collaboration and coordination, as well as to distribute state, federal and private funds to public and private programs.

The Pilot Program is offered through the public schools, as well as private for profit, private non-profit, faith-based, Head Start, and other non-school district settings. The public school programs are administered through the state Department of Education, while non-school district programs are administered by the Office of First Steps to School Readiness. Providers with facilities located outside of the districts eligible for the Pilot Program may participate if they make their services available to eligible children from those districts.

Requirements for Student Assessment and Program Evaluation

South Carolina requires the Department of Education to collect and analyze longitudinal data regarding student progress in order to evaluate the 4-K Program. Districts and schools are also required to prepare annual assessments of their progress in improving early childhood education and the efficacy of the various initiatives. Similarly, the First Steps program requires annual program evaluations, as well as internal evaluations.

Providers are required to maintain assessment and observation records for each enrolled child in the Pilot Program. The Education Oversight Committee will evaluate the Pilot Program and report to the legislature by January 2008.

Legal Framework

Education Clause in State Constitution

The state constitution requires the General Assembly to "provide for the maintenance and support of a system of free public schools open to all children."

Summary of Case Law on School Finance System

In Abbeville Cty. Sch. Dist. v. State (1999), the South Carolina Supreme Court held that the state constitution requires the General Assembly to provide the opportunity for each child to receive a minimally adequate education. It defined this standard as requiring the provision of adequate and safe facilities in which children receive the opportunity to acquire: "1) the ability to read, write, and speak the English language, and knowledge of mathematics and physical science; 2) a fundamental knowledge of economic, social, and political systems, and of history and governmental processes; and 3) academic and vocational skills."

After remand, the trial judge ruled that this constitutional standard had been violated only to the extent that the State failed to develop and fund early childhood intervention programs. In response, the legislature instituted a two-year pilot program of full-day preschool for at-risk four-year-olds in eight of the plaintiff school districts, beginning in the 2006-2007 school year. Both sides have appealed the trial court’s ruling to the South Carolina Supreme Court.

Summary of Case Law on Preschool

The trial court in Abbeville Cty. Sch. Dist. v. State ruled that the State’s failure to develop and fund early childhood intervention programs violates the constitutional standards for a minimally adequate education. A two-year pilot program of full-day preschool for at-risk four-year-olds has been implemented in response to this ruling.

Constitutional Provisions on Public Education

S.C. Const. Art. XI, § 3

The General Assembly shall provide for the maintenance and support of a system of free public schools open to all children in the State and shall establish, organize and support such other public institutions of learning, as may be desirable.

Case Law on the Right to Public Education and Preschool

Is Education a Fundamental Right under the State Constitution?

There are no court decisions holding that education is a fundamental right.

School Finance Cases in Favor of Plaintiffs:

Abbeville Cty. Sch. Dist. v. State, Circuit Court, Lee County (2005)

Following remand from the Supreme Court in 1999 (summary of Supreme Court ruling follows below), the trial court ruled in December 2005 that the State’s failure to develop and fund early education intervention programs denied plaintiff schoolchildren their right to an education under the State Constitution. The trial court denied plaintiffs’ other requested relief, finding that in other areas of education, the State provided sufficient funding to meet its constitutional obligation to offer a “minimally adequate education.” The court found no evidence that increased resources, an improved teacher licensure system, greater funding for teacher retention, and better school facilities would improve student achievement. Plaintiffs and defendants both moved the court to alter or amend its decision; those cross-motions were denied. Abbeville County Sch. Dist. v. State, No. 93-CP-31-0169, at 162 (S.C. Ct. of C.P. Jul. 12, 2007). Both sides have appealed the case to the South Carolina Supreme Court.

Abbeville County Sch. Dist. v. State, 335 S.C. 58, 515 S.E.2d 535 (1999)

Forty school districts, their students and their taxpayers brought this action against the state and various government officials, seeking a declaratory judgment that the state’s system of school funding violated the state constitution's education clause, the state and federal constitutions' equal protection clauses, and the state Education Finance Act. The Supreme Court held that plaintiffs had failed to state a cognizable equal protection claim and that the state statute did not create a private cause of action for violation of its provisions, but also ruled that plaintiffs had stated a claim under the state constitution's education clause, and remanded the case for further proceedings. The Supreme Court also held that "the South Carolina Constitution's education clause requires the General Assembly to provide the opportunity for each child to receive a minimally adequate education."

Standard for a Constitutionally Adequate Education:

Abbeville Cty. Sch. Dist. v. State, 335 S.C. 58, 68, 515 S.E.2d 535, 540 (1999)

"We define this minimally adequate education required by our Constitution to include providing students adequate and safe facilities in which they have the opportunity to acquire: 1) the ability to read, write, and speak the English language, and knowledge of mathematics and physical science; 2) a fundamental knowledge of economic, social, and political systems, and of history and governmental processes; and 3) academic and vocational skills."

School Finance Cases against Plaintiffs:

Richland County v. Campbell, 294 S.C. 346, 364 S.E.2d 470 (1988)

The Supreme Court of South Carolina affirmed the dismissal of this case, holding that the state’s system of school finance, which involved shared responsibility for funding between the state and local school districts and took the wealth of various school districts into account, did not violate the state constitutional requirement that the legislature provide for maintenance and support of a system of free public schools, or deprive plaintiffs of their rights to equal protection.

Decisions Ruling School Finance Issues Were Non-Justiciable:

Abbeville Cty. Sch. Dist. v. State, Circuit Court, Lee County

The lower court in Abbeville found the school funding issues non-justiciable. The Supreme Court reversed and held that all children were constitutionally entitled to a minimally adequate education.

Cases Related to State-Funded Preschool:

Abbeville Cty. Sch. Dist. v. State, Circuit Court, Lee County (2005)

Following a lengthy trial after the State Supreme Court’s remand, the trial court ruled in December 2005 that South Carolina’s schoolchildren were being denied their right to an education under the South Carolina Constitution because of the State’s failure to develop and fund early childhood intervention programs "designed to address the impact of poverty on children’s educational abilities and achievements."

The trial court found that the State’s failure to adequately fund programs "to deal with specific needs of children in poverty in their early childhood years" deprives those children of their right to an education. In the court’s view, other educational inputs come too late to ameliorate the effects of poverty on student achievement, while high quality early childhood programs have been proven to prepare low-income children for success in school. Citing the testimony of educators, legislators and the State’s own witnesses on the learning deficits with which low-income children begin school and the benefits of high quality preschool programs and interventions, the trial court concluded that unless the impact of poverty is addressed "at an early age, in the educational process," there would be no constitutionally mandated "opportunity for a minimally adequate education."

The trial court stated that "effective early childhood intervention from prekindergarten through grade 3 is essential…," although it did not specify the types of programs the State should provide. It did, however, refer to the benefits of high quality preschool and full-day kindergarten, as well as the State’s under-funded First Steps to School Readiness Program, a comprehensive early childhood development and education program.

In response to the court’s order, the legislature instituted a two-year pilot program of full-day preschool for at-risk four-year-olds in eight of the plaintiff school districts, beginning in the 2006-2007 school year.

Plaintiffs and defendants both moved the court to alter or amend its decision; those cross-motions were denied. Abbeville County Sch. Dist. v. State, No. 93-CP-31-0169, at 162 (S.C. Ct. of C.P. Jul. 12, 2007). Both sides have appealed the case to the South Carolina Supreme Court. Education Law Center filed an amicus brief in support of the plaintiffs. Education Law Center also represented and wrote an amicus brief for the League of Women Voters of South Carolina and the South Carolina NAACP. Oral argument was heard on June 25, 2008.

Pending School Finance Cases:

Abbeville Cty. Sch. Dist. v. State is on appeal to the South Carolina Supreme Court. See discussion above.

Statutes, Regulations and Guidance Documents on State Preschool Program

South Carolina Code of Laws (S.C. Code Laws) § 20-7-9700 et seq., First Steps to School Readiness Board of Trustees

South Carolina Code of Laws (S.C. Code Laws) § 59-5-65, Powers and responsibilities of State Board of Education

South Carolina Code of Laws (S.C. Code Laws) § 59-19-340, Child Development Programs for Three and Four-Year-Old Children

South Carolina Code of Laws (S.C. Code Laws) § 59-139-10, Early Childhood Development and Academic Assistance

South Carolina Code of Laws (S.C. Code Laws) § 59-152-10 et seq., South Carolina First Steps to School Readiness

South Carolina Code of Regulations (S.C. Code Regs.) § 43-264.1, Half Day Child Development Programs

South Carolina Code of Regulations (S.C. Code Regs.) § 43-267, Early Childhood Assistance Programs [K-3]

South Carolina House Bill 3620 (2007-2008), Part 1B, Section 1, Proviso 1.66, Child Development Education Pilot Program (referred to below as “Proviso 1.66”)

See also:

South Carolina Department of Education, English Language Arts Curriculum Standards (2007) and Math Curriculum Standards (2000).

South Carolina Department of Education, What Is the Penny Buying for South Carolina? Child Development Programs for Four-Year-Olds (2004). (referred to below as SCDE Child Development Report)

South Carolina Department of Education, What Is the Penny Buying for South Carolina? Update on the Child Development Programs for Four-Year-Olds (2006). (referred to below as SCDE Child Development Report Update)

South Carolina Department of Education, Guidelines for Half-Day Child Development Programs (Implementation of Regulation 43-264.1)

South Carolina First Steps, 4K Expansion Guidelines 2007-2008 (referred to below as 4K Expansion Guidelines)

South Carolina Child Development Education Pilot Program Guidelines (2007–2008)

Provisions Expressing State Policy on Preschool:

1999 Act No. 99, Preamble (See note at S.C. Code Laws § 20-7-9700).

Whereas, recent research has shown that children's brains develop more rapidly and earlier than previously understood and that early stimulation of the brain increases the learning ability of a child; and

Whereas, recent research in neuroscience supports the critical importance of the early childhood years and its life-long effects on a child's development; and

Whereas, the General Assembly realizes that without proper care, nurturing, and support during the early years of life, children have difficulty learning when they enter school; and

Whereas, parents have the primary role and duty to raise, educate, and transmit values to their children, while communities can support parents as the primary caregivers and educators of their young children; and

Whereas, the members of the General Assembly recognize that improving results for children and their families can best be accomplished when state government works in partnership with communities and families to define common goals, expected results, and benchmarks for services to children and families; joins with communities and families in building the capacity to accomplish shared results; and supports local efforts through more efficient state accountability, data collection, and administrative systems.

Eligibility Criteria for State Preschool Program:

S.C. Code Laws § 59-5-65 (8). . . . four-year-old children who have predicted significant readiness deficiencies and whose parents voluntarily allow participation.

S.C. Code Laws § 59-19-340. . . . children who will attain the age of four on or before September first of the applicable school year. . . . [except that] [t]he board of trustees of school districts having programs serving three and four-year-olds on the date of enactment of this section may continue to serve three-year-old children.

SCDE Child Development Report.

Criteria for enrollment include risk factors such as poverty (qualification for free- and reduced-price lunch), parents who have not graduated from high school, and various developmental delays. School districts use a diagnostic assessment to screen these children, and those with the lowest scores on the assessment are admitted to child development programs. …

Children participating in child development programs were deliberately identified and recruited through a screening process utilizing the Developmental Indicators in the Assessment of Learning-Revised (DIAL-R), along with supplementary information about the child’s family such as education and income level.

SCDE Child Development Report Update

By definition, program participants had been identified as being at risk for school failure on the basis of low family income in addition to risk factors such as low scores on the DIAL-R (Developmental Indicators in the Assessment of Learning—Revised), a mother with a low level of education, a home where a language other than English is spoken, and health problems.

Pilot Program

Proviso 1.66

(A) …[T]he South Carolina Child Development Education Pilot Program shall first be made available to eligible children from the following eight trial districts in Abbeville County School District et. al. vs. South Carolina: Allendale, Dillon 2, Florence 4, Hampton 2, Jasper, Lee, Marion 7, and Orangeburg 3. With any remaining funds available, the pilot shall be expanded to the remaining plaintiff school districts in Abbeville County School District et. al. vs. South Carolina. Priority shall be given to implementing the program first in those of the plaintiff districts which participated in the pilot program during the 2006-2007 school year, then in the plaintiff districts having proportionally the largest population of underserved at-risk four-year-old children. …

(B) Each child residing in the pilot districts, who will have attained the age of four years on or before September 1, of the school year, and meets the at-risk criteria is eligible for enrollment in the South Carolina Child Development Education Pilot Program for one year.

… The parent enrolling a child must complete and submit an application to the approved provider of choice … accompanied by a copy of … documentation of the student’s eligibility as evidenced by family income documentation showing an annual family income of 185% or less of the federal poverty guidelines as promulgated annually by the U.S. Department of Health and Human Services or statement of Medicaid eligibility.

Program Length/Duration:

S.C. Code Laws § 59-5-65(8) . . . at least one-half day early childhood development programs.

S.C. Code Regs. § 43-264.1.

. . . (IV) (B) The classroom program shall operate five days a week (or the equivalent) for at least 2 1/2 hours of instructional time, exclusive of breakfast, lunch and transportation. Program year will include 190 days of operation for staff (180 days service to children) subject to the same conditions for waiver of make-up days as prescribed by state law.

. . . (V) (B) Any extension of the child development program beyond 2 1/2 hours using funds from other sources such as Chapter 1, Social Services Block Grant funds shall be in compliance with regulations and guidelines governing the half-day program. Before or after school services may be provided by other state or federal programs designed for three-and-four-year-olds if consistent with federal regulations for eligibility.

Pilot Program

Proviso 1.66

(E) … [Providers shall] offer a full day, center based program with 6.5 hours of instruction daily for 180 school days.

4K Expansion Guidelines

1.2 Hours of Service

The educational program shall operate for a minimum of six and one half (6.5) hours daily, including breakfast, lunch, snack, outdoor play and rest.

1.6 Wrap Around Services

Providers are encouraged to provide before- and after-school care in an effort to accommodate the needs of working families. Tuition may be charged for any wrap-around care that exceeds the required 6.5-hour school day.

Tuition may also be charged for the provision of service on holidays (not included as part of the instructional calendar detailed in your contract), and/or for extended year programming

Scope of State’s Responsibility to Provide Preschool:

S.C. Code Laws § 20-7-9720. To carry out its assigned functions, the [State Board of Education] is authorized, but not limited to:

(1) develop a comprehensive long-range initiative for improving early childhood development and increasing school readiness . . .

S.C. Code Laws § 59-5-65. The State Board of Education shall have the power and responsibility to:

. . . (8) Develop and implement regulations requiring all school districts to provide at least one-half day early childhood development programs for four-year-old children who have predicted significant readiness deficiencies and whose parents voluntarily allow participation. The regulations must require intensive and special efforts to recruit children whose participation is difficult to obtain. . . .

S.C. Code Laws § 59-19-340. The board of trustees of each school district may establish and provide for the education of children who will attain the age of four on or before September first of the applicable school year in child development programs. The board of trustees of school districts having programs serving three and four-year-olds on the date of enactment of this section may continue to serve three-year-old children.

S.C. Code Laws § 59-139-10.

(A) The State Board of Education, through the Department of Education and in consultation with the Education Oversight Committee, shall develop and implement regulations requiring that . . . each school district, in coordination with its schools, and each school in the district shall design a comprehensive, long-range plan with annual updates to carry out the purposes of this chapter. To that end, the plans shall:

(1) establish an early childhood initiative which integrates the planning and direction of the half-day program for four-year-olds established in Section 59-5-65, . . .the early childhood assistance program established in Section 59-139-20. . . and any other federal, state, or district programs for preschool children in the district in order to better focus on the needs of this student population. . . .

. . . (C)(2) . . . Options available to districts and schools in designing the early childhood assistance component include:

. . . (d) multiage grouping for four and five-year-olds;

. . . (g) additional slots in the half-day program for four-year-olds, and programs for three-year-olds . . . .

(D) . . .Districts and schools may choose to target resources in certain grade levels or areas of learning but must have academic assistance plans both for preschool through grade three and for grades four through twelve.

S.C. Code Laws § 59-152-10. There is established South Carolina First Steps to School Readiness, a comprehensive, results-oriented initiative for improving early childhood development by providing, through county partnerships, public and private funds and support for high-quality early childhood development and education services for children by providing support for their families' efforts toward enabling their children to reach school ready to learn.

Pilot Program

Proviso 1.66

There is created the South Carolina Child Development Education Pilot Program. This program shall be available for the 2007-2008 school year on a voluntary basis and shall focus on the developmental and learning support that children must have in order to be ready for school and must incorporate parenting education.

(A) For the 2007-2008 school year, with funds appropriated by the General Assembly, the South Carolina Child Development Education Pilot Program shall first be made available to eligible children from the … eight trial districts in Abbeville County School District et. al. vs. South Carolina…

Scope of State's Responsibility to Fund Preschool:

S.C. Code Laws § 59-139-70. The half-day program for four-year-old children established in Section 59-19-340, must be maintained at no less than the 1993-94 level in each school district as funded by the General Assembly.

S.C. Code Regs. § 43-264.1 (V). Child development funds will be allocated on an annual basis effective July 1 through June 30. Unobligated funds which become available during the fiscal year will be redistributed to serve additional eligible children.

(A) (1) The State Department of Education will annually calculate each district allocation based on the number of kindergarten children who are eligible for free and reduced lunch.

      (2) School districts will be authorized to expend allocated funds on students meeting the eligibility criteria and being served in approved programs.

. . . (D) Eligible children may not be charged fees for the 2 1/2 -hour instructional program outlined in these regulations.

S.C. Code Laws § 59-152-20. . . . First Steps funds must not be used to supplant or replace any other funds being spent on services but must be used to expand, extend, improve, or increase access to services or to enable a community to begin to offer new or previously unavailable services in their community. . . .

S.C. Code Laws § 59-152-80.

. . . (B) Two levels of First Steps grants may be awarded as follows:

      (1) Level One for the development of the collaborative effort, needs assessment, and strategic planning; and

      (2) Level Two for implementation/management of activities and programs. . . .

(C) Implementation/management grants must be funded annually by the First Steps to School Readiness Board and may be awarded for up to three years. . . .

S.C. Code Laws § 59-152-110. Implementation/management grants provided to County First Steps Partnerships must be used to address the needs of young children and their families as identified in the partnerships' comprehensive plans. The funds must be used to expand, extend, or improve the quality of provided services if there is evidence as to existing programs' effectiveness; offer new or previously unavailable services in the area; or increase access to services. Grant funds may not supplant current expenditures by counties or state agencies on behalf of young children and their families, and may not be used where other state or federal funding sources are available or could be made available.

S.C. Code Laws § 59-152-130 (A). The County First Steps Partnerships shall provide an annual match of fifteen percent. The South Carolina First Steps to School Readiness Board of Trustees may decrease this percentage requirement for a partnership based on their capacity to provide that match. Private individuals and groups must be encouraged to contribute to a partnership's efforts to meet its match. The match required of individual partnerships by the First Steps Board should take into consideration such factors as:

(1) local wealth, using such indicators as the number and percentage of children eligible for free and reduced lunches in grades 1-3; and

(2) in-kind donated resources.

Pilot Program

Proviso 1.66

(A) For the 2007-2008 school year, with funds appropriated by the General Assembly, the South Carolina Child Development Education Pilot Program shall first be made available to eligible children from the following eight trial districts in Abbeville County School District et. al. vs. South Carolina: Allendale, Dillon 2, Florence 4, Hampton 2, Jasper, Lee, Marion 7, and Orangeburg 3. With any remaining funds available, the pilot shall be expanded to the remaining plaintiff school districts in Abbeville County School District et. al. vs. South Carolina. Priority shall be given to implementing the program first in those of the plaintiff districts which participated in the pilot program during the 2006-2007 school year, then in the plaintiff districts having proportionally the largest population of underserved at-risk four-year-old children. During the implementation of the pilot program, no funds appropriated by the General Assembly for this purpose shall be used to fund services to at-risk four-year-old children residing outside of the trial or plaintiff districts.

…(H) Both public and private providers shall be eligible for transportation funds for the transportation of children to and from school.

…(K) The General Assembly shall provide funding for the South Carolina Child Development Education Pilot Program. For the 2007-08 school year, the funded cost per child shall be $3,931 increased annually by the rate of inflation as determined by the Division of Research and Statistics of the Budget and Control Board for the Education Finance Act. … Private providers transporting eligible children to and from school shall be eligible for a reimbursement of $550 per eligible child transported.

With funds appropriated by the General Assembly, the Department of Education shall approve grants for public providers and the Office of First Steps to School Readiness shall approve grants for private providers, of up to $10,000 per class for the equipping of new classrooms. Funding of up to two thousand five hundred dollars may be provided annually for the procurement of consumable and other materials in established classrooms.

Source of Funding for Preschool Program:

S.C. Code Regs. § 43-264.1 (V). Child development funds will be allocated on an annual basis effective July 1 through June 30. Unobligated funds which become available during the fiscal year will be redistributed to serve additional eligible children.

(A) (1) The State Department of Education will annually calculate each district allocation based on the number of kindergarten children who are eligible for free and reduced lunch.

S.C. Code Regs. § 43-267 (III). Early Assistance Program [K-3]

The General Assembly shall determine an appropriation level for the funding.

A. The number of students in kindergarten through grade three who are eligible for the federal free and reduced-price lunch program will generate funds at a specified add-on weight.

. . . C. Funds may be used to support other components of the early child development initiative as detailed in each district/school's comprehensive plan.

S.C. Code Laws § 20-7-9700. ... The [South Carolina First Steps to School] board may accept gifts, bequests, and grants from any person or foundation. The fund and grants from the fund shall supplement and augment, but not take the place of, services provided by local, state, or federal agencies. . . .

S.C. Code Laws § 20-7-9740.

(A) A separate fund must be established to accept nongovernmental grants, gifts, and donations from any public or private source for the South Carolina First Steps to School Readiness initiative. . . .

(B) In addition, a separate fund within the state general fund must be established for monies that may be appropriated by the General Assembly for the South Carolina First Steps to School Readiness initiative. These funds may be carried forward from fiscal year to fiscal year. The State Treasurer shall invest the monies in this fund in the same manner as other funds under his control are invested. The South Carolina First Steps to School Readiness Board of Trustees shall administer and authorize any disbursements from the fund.

(C) All interest derived from the investment of the funds in subsections (A) and (B) shall remain a part of each respective fund.

Pilot Program

Proviso 1.66

(A) For the 2007-2008 school year, with funds appropriated by the General Assembly, the South Carolina Child Development Education Pilot Program shall first be made available to eligible children from the … eight trial districts in Abbeville County School District et. al. vs. South Carolina…

(B) …No parent is required to pay tuition or fees solely for the purpose of enrolling in or attending the program established under this provision. Nothing in this provision prohibits charging fees for childcare that may be provided outside the times of the instructional day provided in these programs.

…(K) The General Assembly shall provide funding for the South Carolina Child Development Education Pilot Program. …

Scope of Child's Right to Attend Preschool:

S.C. Code Regs. § 43-264.1

(I.) ... The legislation requires that each district will provide for at least a half-day early childhood development program for four-year-old children .. . (II.) School districts shall attempt to contact parents or guardians of children who will reach age three or four on or before September 1 and who have potential for later school failure. The district shall make substantial efforts to publicize the availability of the program for four-year-olds, and for three-year-olds if appropriate.

Pilot Program

Proviso 1.66

(C) …Providers may limit student enrollment based upon space available. However if enrollment exceeds available space, providers shall enroll children with first priority given to children with the lowest scores on an approved pre-kindergarten readiness assessment. Private providers shall not be required to expand their programs to accommodate all children desiring enrollment.

Curriculum Content Standards for Preschool Program:

S.C. Code Regs. § 43-264.1.IV (A). A developmental educational program in a classroom setting shall be the major component of the program.

Note: South Carolina has developed curriculum standards in every major subject area. However, pre-kindergarten is only included in the documents for English, Math, Physical Education and Visual and Performing Arts. The South Carolina Department of Education has instituted the Good Start Grow Smart Early Learning Standards for 3- to 5-year-olds.

[Note: The prekindergarten standards are also referred to as the South Carolina Content Standards for 4K.]

Good Start Grow Smart Language Arts Standards for 4-year olds.

Sample:

Reading Goal (R) The Student will draw upon a variety of strategies to comprehend, interpret, analyze, and evaluate what he or she reads.

R1 The student will integrate various cues and strategies comprehend what he or she reads.

PK-R1.1 Begin showing an interest in reading-related activities, such as looking at books during free-choice time, talking about books, and recalling details by looking at pictures.

PK-R1.2 Begin exploring books independently.

PK-R1.3 Begin recognizing the association between spoken and written words.

Writing Goal (W) The student will write for different audiences and purposes.

W1 The student will apply a process approach to writing.

PK-W1.1 Begin choosing topics and generating ideas about which to write.

PK-W1.2 Begin writing using a variety of formats.

PK-W1.2.1 Begin using oral language, pictures, and/or letters to create stories about experiences, people, objects, and events.

Good Start Grow Smart Math Standards for 4-year olds

[Note: The prekindergarten standards are also referred to as the South Carolina Content Standards for 4K.]

Sample:

Number and Operations

Standard I. Understand numbers, ways of representing numbers, relationships among numbers, and number systems.

Expectation B. Develop understanding of the relative position and magnitude of whole numbers and of ordinal numbers and of cardinal numbers and their connections:

4K I.B.2 Determine more than, less than, and equals based on countings using manipulatives.

Expectation D. Connect number words and numerals to the quantities they represent, using various physical models and representations.

4K I.D.1 Distinguish "one" from "many."

Pilot Program

Proviso 1.66

(D) The Department of Education and the Office of First Steps to School Readiness shall:

…(3) develop a list of approved research-based preschool curricula for use in the program based upon the South Carolina Content Standards[.]

(E) Providers of the South Carolina Child Development Education Pilot Program shall offer a complete educational program in accordance with age-appropriate instructional practice and a research based preschool curriculum aligned with school success. The program must focus on the developmental and learning support children must have in order to be ready for school. The provider must also incorporate parenting education that promotes the school readiness of preschool children by strengthening parent involvement in the learning process with an emphasis on interactive literacy.

Providers shall offer high-quality, center-based programs that must include, but shall not be limited to, the following:

…(5) provide an approved research-based preschool curriculum that focuses on critical child development skills, especially early literacy, numeracy, and social/emotional development[.]

4K Expansion Guidelines

6.1 Approved Curricula

Each approved 4K provider shall offer an age-appropriate educational program, operating with fidelity to an approved, research-based preschool curriculum aligned with the South Carolina Good Start, Grow Smart Standards for four-year-olds (see Section 6.6).

The program must focus on the developmental and learning supports children need in order to be ready for school. Providers must offer a uniform instructional program to all enrolled students in the 4K classroom(s).

The approved research-based curricula for the 2007-2008 school year are:

• High/Scope
• Creative Curriculum
• Montessori

Providers wishing to use an alternate research-based curriculum shall seek prior approval from South Carolina First Steps. (See Appendix C for details.) Providers seeking to change their curriculum choice during the contract period must seek prior approval from South Carolina First Steps.

Programmatic monitoring visits shall include appropriate measures of curricular fidelity.

6.6 SC’s Good Start, Grow Smart Standards

All instructional programming must be designed to support the South Carolina's Good Start, Grow Smart Standards for four-year-olds. This uniform set of statewide expectations ensures that:

• Teachers know what is to be taught;
• Children know what is to be learned; and
• Parents know both what is to be learned and how well these concepts are being learned by their child.

The Good Start, Grow Smart Learning Standards are available online here.

Teacher Certification/Qualification Standards for Preschool Program:

S.C. Code Regs. § 43-264.1.

. . . (IV) (C) Each classroom shall be staffed with one appropriately certified teacher and one teaching assistant . . . Teaching assistants shall have at least a high school diploma or the equivalent.

Guidelines for Half-Day Child Development Programs

Teachers should be certified in early childhood education or hold a bachelor’s degree in child development or have a bachelor’s degree with a minimum of 6 hours in early childhood education.

Professional Development. Principals, directors, teachers and teaching assistants should participate in training as required by the school/district professional development plan.

Pilot Program

Proviso 1.66

(E) …Providers shall offer high-quality, center-based programs that must include, but shall not be limited to, the following:

(1) employ a lead teacher with a two-year degree in early childhood education or related field or be granted a waiver of this requirement from the Department of Education or the Office of First Steps to School Readiness;

(2) employ an education assistant with pre-service or in-service training in early childhood education;

…(7) adhere to professional development requirements outlined in this article.

(F) Every classroom providing services to four-year-old children established pursuant to this provision must have a lead teacher with at least a two-year degree in early childhood education or related field and who is enrolled and is demonstrating progress toward the completion of a teacher education program within four years. Every classroom must also have at least one education assistant per classroom who shall have the minimum of a high school diploma or the equivalent, and at least two years of experience working with children under five years old. The teaching assistant shall have completed the Early Childhood Development Credential (ECD) 101 or enroll and complete this course within twelve months of hire.

(G) The General Assembly recognizes there is a strong relationship between the skills and preparation of pre-kindergarten instructors and the educational outcomes of students. To improve these education outcomes, participating providers shall require all personnel providing instruction and classroom support to students participating in the South Carolina Child Development Education Pilot Program to participate annually in a minimum of 15 hours of professional development to include teaching children from poverty. Professional development should provide instruction in strategies and techniques to address the age-appropriate progress of pre-kindergarten students in developing emergent literacy skills, including but not limited to, oral communication, knowledge of print and letters, phonemic and phonological awareness, and vocabulary and comprehension development.

4K Expansion Guidelines

Appendix B: Lead Teacher Qualifications

Providers shall employ qualified lead teachers in each First Steps 4K classroom. Teachers holding a four-year-degree or higher in Early Childhood Education are preferred.

Proviso 1.66 requires that each lead teacher possess, at minimum, a two-year degree in early childhood education or a related field. All lead teachers must have completed or be enrolled and demonstrating progress toward the completion of a teacher education program within four years.

The following credentials shall be deemed acceptable for lead teachers during the 2007- 2008 school year:

• A four-year or graduate teacher education degree with an emphasis in early childhood education.
• A four-year or graduate teacher education degree (in a field other than early childhood) with at least six documented credit hours in early childhood education and/or child development.
• A four-year college degree (in any field) with at least six documented credit hours in early childhood education and/or child development and evidence of the teacher’s current enrollment in a four-year or graduate teacher education program with an emphasis on early childhood education.
• A two-year degree in a field other than early childhood education, plus a Child Development Associate’s (CDA), 27 credit hour Early Childhood Development Certificate, or Montessori diploma and evidence of the teacher’s current enrollment in a four-year teacher education program with an emphasis on early childhood education.
• A fourth-year student in a teacher education degree with an emphasis in early childhood education in a final year of academic preparation or is co-enrolled in student teaching or an internship with the child care provider.

Providers unable to locate lead teacher candidates meeting these qualifications may request a waiver from South Carolina First Steps to School Readiness. …

Other Quality Standards for Preschool Program:

S..C. Code Regs. § 43-264.1.

. . . (IV) (C) Each classroom shall be staffed with one appropriately certified teacher and one teaching assistant for a maximum of 20 children per each half-day session. Teaching assistants shall have at least a high school diploma or the equivalent.

. . . (VI) (A) Expenditures must adhere to definitions and guidelines established by the Office of Finance, State Department of Education, or the State Procurement Code. (B). A minimum of 10 percent of the total budget shall be utilized in the following categories:

1. Supplies and Materials

1. Instructional
2. Parent information materials
3. Nutritional supplement
4. Evaluation materials

2. Equipment for Instructional Purposes

Guidelines for Half-Day Child Development Programs

Appropriate and adequate physical facilities should be provided. Classrooms should provide a minimum of 35 square feet per child and include a sink area. The bathroom facility should be either with the classroom or in a close proximity. Outdoor play space should be provided at a minimum of 100 square feet per child. One nutritional supplement (snack) should be provided for each child in each half-day session. For full day programs, one meal and a nutritional supplement (snack) should be provided daily. Participation in a breakfast or lunch program is adequate to meet this requirement.

Pilot Program

Proviso 1.66

(E) Providers of the South Carolina Child Development Education Pilot Program shall offer a complete educational program in accordance with age-appropriate instructional practice and a research based preschool curriculum aligned with school success. The program must focus on the developmental and learning support children must have in order to be ready for school. The provider must also incorporate parenting education that promotes the school readiness of preschool children by strengthening parent involvement in the learning process with an emphasis on interactive literacy.

Providers shall offer high-quality, center-based programs that must include, but shall not be limited to, the following:

…(3) maintain classrooms with at least 10 four-year-old children, but no more than 20 four-year-old children with an adult to child ratio of 1:10. With classrooms having a minimum of 10 children, the 1:10 ratio must be a lead teacher to child ratio. Waivers of the minimum class size requirement may be granted by the South Carolina Department of Education for public providers or by the Office of First Steps to School Readiness for private providers on a case-by-case basis;

…(6) engage parents’ participation in their child’s educational experience that shall include a minimum of two documented conferences per year[.]

4K Expansion Guidelines

1.5 Meals and Snacks

All First Steps-funded students shall be offered breakfast, lunch and a snack meeting USDA requirements daily.

3.2 Health Records and Screenings

… Providers should coordinate with their local First Steps County Partnership, school district, health department and/or a local health care provider to arrange for basic health screenings (vision, hearing and dental) within 90 days of the program’s start date. Children should be referred to an appropriate health care provider or the local health department when a health problem is suspected or detected. …

6.8 Parent Education and Involvement

Parents are a child’s first and most important teachers. Their involvement is critical to the success of their children. In an effort to strengthen parental involvement in the learning process, each provider shall be required to submit to South Carolina First Steps a Parent Education and Involvement Plan.

This plan must include provisions for:

• A family orientation at the beginning of the school year;
• A home visit within the first 45 days of enrollment;
• At least two parent/teacher conferences during which assessment data on the child’s progress must be shared;
• Documentation of the parent(s)/guardian(s) efforts to participate in the parenting programming offered by the Center or local First Steps Partnership, if feasible;
• The provision of parent resources (a parent education resource library, regular newsletters, etc.); and
• Opportunities and written operating policies for ongoing parent involvement (volunteerism, classroom visits, etc.).

In addition to parent/teacher conferences, the provider shall offer at least two parent education workshops during the school year (in collaboration with the local First Steps County Partnership, as feasible). …

8.2 Developmental Screening

Providers are required to complete a developmental screening on each First Steps-funded student as part of the enrollment process.

Screenings shall be conducted with the DIAL-3 (Developmental Indicators for the Assessment of Learning, Third Edition) and the results maintained in the child’s assessment folder and reported to South Carolina First Steps. …

Delivery of Preschool Services:

S.C. Code Laws § 59-5-65 (8). . . . The school districts may contract with appropriate groups and agencies to provide part or all of the programs. If a local advisory committee exists in a community to coordinate early childhood education and development, school districts shall consult with the committee in planning and developing services. . . .

S.C. Code Laws § 59-139-10 (B). The State Board of Education, through the Department of Education, shall establish criteria by regulation for the comprehensive plan and the annual updates to be prepared by each district and school so that the plans address . . . the coordination of the strategies with federally-funded programs.

S.C. Code Laws § 59-152-20. The purpose of the First Steps initiative is to develop, promote, and assist efforts of agencies, private providers, and public and private organizations and entities, at the state level and the community level, to collaborate and cooperate in order to focus and intensify services, assure the most efficient use of all available resources, and eliminate duplication of efforts to serve the needs of young children and their families. . . . The South Carolina First Steps to School Readiness Board of Trustees, Office of First Steps to School Readiness, and the County First Steps Partnerships shall assure that collaboration, the development of partnerships, and the sharing and maximizing of resources are occurring before funding for the implementation/management grants, as provided for in this chapter, are made available.

S.C. Code Regs. § 43-264.1.

. . . (III) In the event that a local advisory committee exists in a community to coordinate early childhood education and development, school districts shall consult with the committee in planning and developing services to make maximum use of resources and avoid duplication of effort. When a local advisory committee does not exist, the school district shall identify available early childhood development and education resources in order to avoid duplication of public services. This may include Headstart and other Child Development Block Grant Programs.

. . . (V) (C) School districts may contract with appropriate groups and/or agencies to provide part or all of the program. In such cases, the school district is charged with the responsibility of maintaining compliance with the regulations governing this program. An exception to the regulation governing indirect costs may be made when state or federal regulations require the subcontractor to utilize an indirect cost rate. Subcontracting may be based on a fixed cost rate.

Pilot Program

Proviso 1.66

(B) … The parent of each eligible child may enroll the child in one of the following programs:

(1) a school-year four-year-old kindergarten program delivered by an approved public provider; or

(2) a school-year four-year-old kindergarten program delivered by an approved private provider.

South Carolina First Steps, First Steps 4-Year-Old Kindergarten Expansion Pilot

The new 4K program is expanding options in both school district and non-school district settings.

South Carolina First Steps is overseeing the expansion of publicly-funded 4K classes in non-school district settings. Eligible providers include those in the following settings: private, for-profit, non-profit, faith-based and Head Start.

4K Expansion Guidelines

2.3 Residency Requirements

Pursuant to Budget Proviso 1.66, participation in the 2007-2008 First Steps 4K program is limited to children residing in school districts acting as plaintiffs in Abbeville County School District et. al. vs. South Carolina, with funding priority given to children residing in the eight districts serving as a representative class in the trial itself.

… Providers should note that the First Steps 4K program is designed to expand services to eligible children residing in the plaintiff districts. Providers documenting their service to such children may be eligible for participation even if their facilities are not located within a plaintiff district.

Requirements for Student Assessment and Program Evaluation:

S.C. Code Laws § 59-5-65 (8) . . . The State Department of Education shall collect and analyze longitudinal data to determine the effects of child development programs on the later achievement of children by tracking four-year-old child development program participants through kindergarten and the first three years of elementary school to examine their performance on appropriate performance measures.

S.C. Code Regs. § 43-264.1 (VIII). Districts shall participate in evaluation efforts coordinated by State Department of Education. This will include tracking child development program participants through kindergarten and at least the third grade to determine the program's impact on school success.

S.C. Code Laws § 59-139-10 (B). The State Board of Education, through the Department of Education, shall establish criteria by regulation for the comprehensive plan and the annual updates to be prepared by each district and school so that the plans address, but are not limited to, the interrelationship of the various components of the early child development initiative . . . strategies to be implemented for expanding and improving early child development activities . . . methods of assessing the efficacy of these strategies . . . . However, in every instance, district and school plans should be derived from strategies found to be effective in education research. The plans must contain performance goals, interim performance goals, and time lines for progress. The methods of assessing the efficacy of the strategies must provide data regarding the impact of the strategies and whether they should be continued, modified, or terminated.

S.C. Code Laws § 20-7-9720. To carry out its assigned functions, the [South Carolina First Steps to School Readiness] board is authorized, but not limited to: . . .

. . . (8) establish results oriented measures and objectives and assess whether services provided by County First Steps Partnerships to children and families are meeting the goals and achieving the results established for the First Steps initiative pursuant to Chapter 152, Title 59;

. . . (10) report annually to the General Assembly by January first on activities and progress to include recommendations for changes and legislative initiatives and results of program evaluations.

S.C. Code Laws § 59-152-160.

(A) The South Carolina First Steps to School Readiness Board of Trustees shall establish internal evaluation policies and procedures for County First Steps Partnerships for an annual review of the functioning of the partnership, implementation of strategies, and progress toward the interim goals and benchmarks. In instances where no progress has been made, the Office of First Steps to School Readiness shall provide targeted assistance and/or the South Carolina First Steps to School Readiness Board of Trustees may terminate the grant. In addition, a program evaluation of the First Steps to School Readiness initiatives at the state and local levels must be conducted every three years by an independent, external evaluator under contract with the South Carolina First Steps to School Readiness Board of Trustees. However, the selected evaluator shall be approved, and the evaluation overseen, by a committee consisting of three members, one appointed by the First Steps Board, one appointed by the President Pro Tempore of the Senate and one appointed by the Speaker of the House. These committee members must be professionally recognized as proficient in child development, early childhood education, or a closely related field. The first report shall be provided no later than January 1, 2003.

(B) County First Steps Partnerships must agree to participate in such an evaluation in order to receive a First Steps grant. Subsequent grant approval and grant allocations must be dependent, in part, on the results of the evaluations. If an evaluation finds no progress has been made in meeting local goals or implementing strategies as agreed to in the First Steps grant, the grant must be terminated.

(C) The purpose of the evaluation is to assess progress toward achieving the First Steps goals and to determine the impact of the initiative on children and families at the state and local levels. The impact assessment shall include, but is not limited to, school readiness measures; benefits from child development services . . . . During the course of the evaluation, if an evaluator determines that any state agency has failed to comply with the coordination and collaboration provisions as required in this chapter, the final report must reflect that information. Program evaluation reports must be reported to the General Assembly no later than three months after conclusion of the evaluation. All County First Steps Partnerships shall cooperate fully in collecting and providing data and information for the evaluation.

Pilot Program

Proviso 1.66

(A) … The Education Oversight Committee shall conduct an evaluation of the pilot program and shall issue a report to the General Assembly by January 1, 2008. The report shall include a comparative evaluation of children served in the pilot program and children not served in the pilot program. Additionally, based on the evaluation of the pilot program, the Education Oversight Committee shall include recommendations for the creation of and an implementation plan for phasing in the delivery of services to all four-year-old at-risk children in the state.

…(C) …Providers shall:

…(4) be accountable for meeting the education needs of the child and report at least quarterly to the parent/guardian on his progress;

(5) comply with all program, reporting, and assessment criteria required of providers;

(6) maintain individual student records for each child enrolled in the program to include, but not be limited to, assessment data, health data, records of teacher observations, and records of parent or guardian and teacher conferences[.]

(M) The Education Oversight Committee shall conduct a comparative evaluation of the South Carolina Child Development Education Pilot Program and issue their findings in a report to the General Assembly by January 1, 2008. Based on information, data, and evaluation results, the Education Oversight Committee shall include as part of their report recommendations for the creation and implementation of a statewide four-year-old kindergarten program for at-risk children. The report shall also include information and recommendations on lead teacher qualifications and options for creating comparable salary schedules for certified teachers employed by private providers. ...

To aid in this evaluation, the Education Oversight Committee shall determine the data necessary and both public and private providers are required to submit the necessary data as a condition of continued participation in and funding of the program. … The Education Oversight Committee shall use this data and all other collected and maintained data necessary to conduct a research based review of the program’s implementation and assessment of student success in the early elementary grades.

4K Expansion Guidelines

8.1 Instructional Assessment

Providers participating in the First Steps 4K program shall use the Work Sampling System as their primary method of classroom assessment. Teachers will be required to use all three elements of the Work Sampling System:

• Developmental Guidelines and Developmental Checklists
• Portfolios
• Summary Reports

Work Sampling is a performance assessment requiring the ongoing documentation of student progress. Summary reporting shall be monitored by South Carolina First Steps and required at least twice annually (midyear and year end). …