State Preschool Program

Overview

South Dakota currently has no state preschool program. There are a small number of children receiving services through the federal Head Start program. The state legislature created the Child Care and Early Learning Opportunities Task Force in 2004 and directed it to report back with recommendations regarding childcare and early childhood education. In January 2005, the task force issued its report, which recommended development of a universal preschool system with priority for public funds directed to families with incomes up to 200% of the federal poverty guideline.

State Policy

In a 2005 report issued by the Child Care and Early Learning Opportunities Task Force, recommendations were made for a "high-quality preschool system." The report further noted that this system must include "minimum standards, requiring inclusion and collaboration with public schools, parents, existing preschools, and child care programs."

In January 2006, Governor Rounds launched the 2010 Education Initiative to improve the state's education system by the year 2010. One goal of the initiative is to establish a high-quality state-funded prekindergarten program for four-year-olds from families earning below 185% of the federal poverty level.

Eligibility Criteria

There is no current program. The Child Care and Early Learning Opportunities Task Force has recommended a universal prekindergarten system with priority for public funding directed to four-year-olds from families with incomes up to 200% of the federal poverty level.

Program Length/Duration

There is no current program.

Funding

There is no current program. There is no state supplement to federal Head Start funds.

Quality Standards

The state has no standards guiding the quality of preschool programs, although it has adopted early learning standards.

Delivery of Preschool Services

There is no current program. The Child Care and Early Learning Opportunities Task Force has recommended a statewide public preschool system "requiring inclusion and collaboration with public schools, parents, existing preschools, and child care programs."

Requirements for Student Assessment and Program Evaluation

There are no provisions for student assessment and program evaluation.

Legal Framework

Education Clause in State Constitution

The education clause of the South Dakota Constitution provides for a "general and uniform system of public schools." It also provides the legislature with the power to tax to create a "thorough and efficient" school system.

Summary of Case Law on School Finance System

In 1995, the South Dakota District Court upheld the school finance system against an equal protection challenge, stating that the state constitution requires only an adequate education, not equal funding. The constitutional adequacy and quality of the state’s educational system is now being challenged in South Dakota Coalition of Schools v. State, filed in June 2006 and scheduled for trial in June of 2008. In light of a 2006 costing out study finding an annual state school funding shortfall of $133.6 million to $405.7 million, the plaintiffs seek a declaration that the current funding scheme is unconstitutional. The South Dakota Coalition plaintiffs ask the court to order the legislature to create a new scheme "based on the actual cost of providing all students with an adequate education."

Summary of Case Law on Preschool

There have not been any cases to address the issue of state-funded preschool. The complaint in South Dakota Coalition of Schools v. State, filed in June 2006, asserts that high-quality preschool is an essential resource for an adequate and quality education, and that under the current school funding system, school districts don’t have sufficient funds to offer these necessary prekindergarten programs.

Constitutional Provisions on Public Education

S.D. Const. Article VIII, § 1

The stability of a republican form of government depending on the morality and intelligence of the people, it shall be the duty of the Legislature to establish and maintain a general and uniform system of public schools wherein tuition shall be without charge, and equally open to all; and to adopt all suitable means to secure to the people the advantages and opportunities of education.

S.D. Const. Article VIII, § 2

All proceeds of the sale of public lands that have heretofore been or may hereafter be given by the United States for the use of public schools in the state; all such per centum as may be granted by the United States on the sales of public lands; the proceeds of all property that shall fall to the state by escheat; the proceeds of all gifts or donations to the state for public schools or not otherwise appropriated by the terms of the gift; and all property otherwise acquired for public schools, shall be and remain a perpetual fund for the maintenance of public schools in the state. It shall be deemed a trust fund held by the state. The principal shall never be diverted by legislative enactment for any other purpose, and may be increased; but, if any loss occurs through any unconstitutional act, the state shall make the loss good through a special appropriation.

S.D. Const. Article VIII, § 3

The interest and income of this fund together with all other sums which may be added thereto by law, shall be faithfully used and applied each year for the benefit of the public schools of the state, and shall be for this purpose apportioned among and between all the several public school corporations of the state in proportion to the number of children in each, of school age, as may be fixed by law; and no part of the fund, either principal or interest, shall ever be diverted, by legislative enactment, even temporarily, from this purpose or used for any other purpose whatever than the maintenance of public schools for the equal benefit of all the people of the state. However, before the interest and income is apportioned to the public schools, the principal shall be increased each year by an amount equal to the rate of inflation from the interest and income earned from this fund. The principal may be prudently invested as provided by law.

The proceeds of all fines collected from violations of state laws shall be paid to the county treasurer of the county in which the fine was imposed, and distributed by the county treasurer among and between all of the several public schools incorporated in such county in proportion to the number of children in each, of school age, as may be fixed by law.

S.D. Const. Article VIII, § 15

The Legislature shall make such provision by general taxation and by authorizing the school corporations to levy such additional taxes as with the income from the permanent school fund shall secure a thorough and efficient system of common schools throughout the state. The Legislature is empowered to classify properties within school districts into separate classes for purposes of school taxation. Taxes shall be uniform on all property in the same class.

Case Law on the Right to Public Education and Preschool

Is Education a Fundamental Right under the State Constitution?

No determination to this effect.

School Finance Cases in Favor of Plaintiffs:

None.

Standard for a Constitutionally Adequate Education:

None.

School Finance Cases against Plaintiffs:

Bezdicheck v. State, No. South Dakota Circuit Court, Case No. CIV 91-209 (unpublished decision 1995)

The South Dakota Circuit Court upheld the state’s system of school finance against a constitutional challenge based on disparities in funding levels among local districts, ruling that while the state constitution requires districts to provide all students with an adequate education, it does not require equal levels of per-pupil spending.

Decisions Ruling School Finance Issues Were Non-Justiciable:

None.

Cases Related to State-Funded Preschool:

None. The complaint in South Dakota Coalition of Schools v. State, below, highlights the fact that high-quality preschool is an essential resource for an adequate and quality education, but school districts currently can’t afford to offer such programs.

Pending School Finance Cases:

South Dakota Coalition of Schools v. State, South Dakota Circuit Court, Case No. CIV 06-244 (filed June 22, 2006)

Plaintiffs in this lawsuit include a coalition of 59 school districts, elementary and high school students in those districts, and their parents, suing as taxpayers and on behalf of their children. They claim that the state constitution guarantees all children in the state the right to an adequate and quality education, but that insufficient funding through the state formula has made it necessary for many districts to cut programs and services. The school finance formula places undue restriction on districts. State aid increases are limited to 3% a year, and the law strictly limits the local property tax rates for school funds, at levels too low to enable property-poor districts to support their schools adequately. As a result, classes are consolidated, essential teaching positions are often eliminated, and some districts have moved to a four day school week. Furthermore, state graduation rates are low, teacher pay is the lowest in the country, and almost 10% of classes are taught by teachers who fail to meet qualification standards. An independent education funding adequacy study commissioned by the Associated School Boards of South Dakota found that the annual school funding shortfall in South Dakota was between $133.6 million and $405.7 million.

The plaintiffs ask the court to declare that:

• Education is a fundamental right under the State constitution,
• The current funding system is unconstitutional,
• South Dakota children are entitled to a free, adequate, and quality public education,
• An adequate and quality education is one that prepares students to meet state standards and achievement requirements, and to function productively in society, and
• Education funding must be based on the actual cost of providing all students with an adequate education, and the legislature must provide sufficient funding.

The complaint asserts that "high-quality early childhood and pre-school services" are among the "essential resources that South Dakota students need to acquire" the knowledge and skills necessary "to be effective citizens and workers[.]" The complaint also points out that school districts can’t offer necessary pre-kindergarten programs due to insufficient funding.

The case is scheduled for trial in June of 2008.

Statutes, Regulations and Guidance Documents on State Preschool Program

South Dakota Department of Education, Early Learning Guidelines

Provisions Expressing State Policy on Preschool:

Gov. M. Michael Rounds, State of the State Address 2007

Preschool is very important because more than 85 percent of a child’s brain structure is formed by the age of five. Quality preschool makes a significant difference and increases school achievement and other quality of life factors. The High Scope/Perry Preschool Study showed that for every one dollar ($1) spent on quality preschool, the community saves $7 later in lower special education costs, retention, lower judicial costs and welfare.

Child Care and Early Learning Opportunities Task Force Report (January 2005):

Recognizing the individual needs of all children and the central role of parents as caregivers and as their child's first teacher, the Task Force presents the following recommendations to assist parents in securing quality child care and early learning services:

…Universal Preschool

7. Develop a high-quality preschool system that all children can voluntarily access with priority for public funds directed to four year olds in families most in need (with incomes up to 200% of the Federal Poverty Level).

8. Direct the Department of Education and the Department of Social Services to develop a preschool system with minimum standards, requiring inclusion and collaboration with public schools, parents, existing preschools, and child care programs.

Governor's 2010 Education Initiative Goals and Objectives

Objective 1A: Ensure that all students entering kindergarten are performing at developmentally appropriate levels.

Initiatives:

…b. Provide statewide access to screening for 3-year-olds

c. Establish preschool accreditation standards

d. Establish preschool teacher certification standards

e. Initiate coordination of services for preschool programs …

2010 Education Initiative Goals and Objectives: Starting Strong: Preschool

Program Description

• Under this plan, qualified 4-year-olds will have access to quality preschool programs.
• The approach to preschool will be a blended one, featuring partnerships between local school districts, Head Start and private preschool providers.
• The state will establish curriculum standards, accreditation standards and teacher certification requirements.
• The program will be designed to ensure a quality learning experience and to encourage partnerships with private preschool providers.
• Any preschool—public or private—would be eligible to seek accreditation under this plan, and any accredited preschool would be eligible to receive funding.
• Funding would run through the State Aid formula. Districts would be required to work with any accredited preschool—public or private—within its boundaries.
• Students that meet the income guidelines for the national free and reduced lunch program, but are not covered by federal programs such as Head Start and Special Education, will be eligible for state funds.
• An estimated 1,600 4-year-olds could be served by state funding.

…

Eligibility Criteria for State Preschool Program:

None.

Program Length/Duration:

None.

Scope of State’s Responsibility to Provide Preschool:

None.

Scope of State's Responsibility to Fund Preschool:

None.

Source of Funding for Preschool Program:

None.

Scope of Child's Right to Attend Preschool:

None.

Curriculum Content Standards for Preschool Program:

The Department of Education has adopted Early Learning Guidelines.

Teacher Certification/Qualification Standards for Preschool Program:

None.

Other Quality Standards for Preschool Program:

None.

Delivery of Preschool Services:

None.

Requirements for Student Assessment and Program Evaluation:

None.