State Preschool Program

Overview

Tennessee initiated the Early Childhood Education Pilot Program in 1998. The state expanded this small-scale, competitive grant program for three- and four-year-olds in the 2001-2002 school year with federal TANF funds, although these TANF funds were eliminated beginning with the 2003-2004 school year. The Pilot Program is flat-funded at $10 million for 2007-2008.

In 2005, Tennessee passed the Voluntary Pre-K for Tennessee Act. The Act expanded the existing Pilot Program with an additional $25 million from state lottery revenue to serve additional four-year-olds. The program targets low-income children, with an ultimate goal of serving all four-year-olds in the state. It is a full-day program with accredited, specialized early childhood teachers. 8,900 three- and four-year-olds were served in the first year of the Voluntary Pre-K program. Although Tennessee had served 3% of its four-year-olds in the pilot program in 2004-2005, according to the National Institute for Early Education Research (NIEER), the addition of the Voluntary Pre-K program boosted four-year-old enrollment to 11% for 2005-2006. A total of $55 million was appropriated for Voluntary Pre-K in 2006-2007, and total funding for both preschool programs is $80 million for 2007-2008.

Program quality standards and operating procedures for Pilot Program classrooms and Voluntary Pre-K classrooms are essentially identical, with the following exceptions:

• Only Pilot Program classrooms can serve three-year-olds.
• Pilot Programs do not need to provide local matching funds.
• Only Voluntary Pre-K providers are subject to a local Pre-K Advisory Council implementation plan for collaboration.

State Policy

Tennessee Governor Phil Bredesen, who championed the Voluntary Pre-K for Tennessee Act, has stated the benefits of high quality prekindergarten and pledged to work towards universal, voluntary coverage for all four-year-olds. The Act cites the success of the State’s existing pilot program as a basis for expanding access to high quality pre-k.

Eligibility Criteria

The primary target group for Tennessee’s Pilot Program and Voluntary Pre-K Program is four-year-olds who qualify for the federal free and reduced price lunch program. If there is sufficient space and resources, Pilot Program providers may enroll three- and four-year-olds who meet the eligibility criteria of the federal special education law (IDEA) or have participated in the Tennessee Early Intervention or Even Start programs, without regard to income, as well as low-income three-year-olds. Similarly, if space is available, the Voluntary Pre-K Program may enroll other at-risk four-year-olds. The law specifies that participation in the prekindergarten program is not an entitlement and is subject to funding.

Local school districts applying for a grant under the Pre-K for Tennessee Act are required to provide a statement of how they will serve all four-year-olds within the district in the event the state authorizes a voluntary, universal program.

Program Length/Duration

Tennessee provides a full day prekindergarten program that meets at least five and one-half (5 ½) hours daily.

Funding

Both the Tennessee pilot program and the Voluntary Pre-K program are funded through a combination of local, state and federal funds. The expanded program under the Pre-K for Tennessee Act is funded by a maximum allocation of $25 million from state lottery revenue, along with other general revenue from the state. The law specifies that pre-k funding is subject to annual appropriations.

Funding for both the pilot program and programs funded under the Pre-K for Tennessee Act is distributed on a competitive grant basis. Selection of pre-k sites is based, in part, on consideration of those areas with the "highest need," as determined by the percentage of low-income families in the school service area, access to early childhood education and pre-k programs within the county, and service areas of schools determined to be "on probation" under state law. Both programs are funded at the same level.

School districts may use funds under the Pre-K for Tennessee Act to initiate a new pre-k program or fund an existing pilot program, provided funds for a pilot program are not used to supplant existing state or local pre-k funding.

The state commissioner of education recommends the amount of annual classroom funding for programs funded under the Pre-K for Tennessee Act based on the components of a high quality pre-k program. The commissioner must base his/her recommendation, in part, on the state’s K-12 funding formula, to the extent pre-k classroom components are reflected in the formula.

For programs funded under the Pre-K for Tennessee Act (but not Pilot Programs), school districts are required to contribute matching funds. The amount of such funds is determined by the applicable state and local classroom component ratio in the state’s funding formula. Matching funds may be derived from local, federal or private sources, and also include in-kind contributions such as use of non-school district owned physical facilities, instructional materials, equipment and supplies, food and nutrition services, and transportation services.

The 5 1/2 hour, educational component of the pre-k program is provided to families without charge. Parents are responsible for the cost of any childcare provided outside the time of the instructional day.

Quality Standards

In a national survey of quality standards, the National Institute for Early Education Research (NIEER) gave Tennessee’s program a rating of nine out of ten. The state has enacted comprehensive pre-k learning standards. Tennessee’s program requires all teachers to have a bachelor’s degree and certification in early childhood. Although assistant teachers must have a CDA credential or associate’s degree, state guidelines also allow experienced high school graduates as assistants when credentialed assistants are not available, falling short of NIEER’s benchmark. Class size must not exceed 20 with a teacher/child ratio of 1:10. The prekindergarten program includes meals for children, parental involvement, support services, and health, vision, and hearing screening and referral, meeting NIEER’s benchmarks in these areas.

Delivery of Preschool Services

The prekindergarten program is administered by the Office of Early Learning within the department of education. The office is charged with administering the program and providing technical assistance, support and monitoring for pre-k providers. School districts and public and private not-for-profit early childhood agencies are eligible to apply for funds under the Early Childhood Education Pilot Program. The 2005 Voluntary Pre-K for Tennessee Act restricts new grant funding to local school districts. They may apply for funds for in-district programs or programs operated by private childcare and Head Start agencies under contract with the district. Only agencies that have attained the highest rating under the department of human services licensing system are eligible to contract or collaborate with a school district.

School districts and public and private agencies receiving pre-k funding are required to collaborate in the delivery of services to preschoolers.

School districts applying for funding under the Voluntary Pre-K for Tennessee Act are required to appoint a community pre-k advisory council to provide input on the district’s application for pre-k funding.

Requirements for Student Assessment and Program Evaluation

The Office of Early Learning is responsible for providing an annual report to the Governor and the General Assembly on the status of the pre-kindergarten programs. The office of education accountability is charged with coordinating a study of the effectiveness of the program.

Student assessment must be based on observational data and other assessments that support the delivery of an individualized, developmentally appropriate program. Standardized or formalized testing may used only to evaluate and place children with disabilities.

Program providers must track and assess program quality by using the Early Childhood Environmental Rating Scale (ECERS) and the Early Language & Literacy Classroom Observation (ELLCO) assessments to create action plans to remedy any areas of need.

Legal Framework

Education Clause in State Constitution

The constitution states that "Tennessee recognizes the inherent value of education and encourages its support." It requires the legislature to provide for the maintenance, support and eligibility standards of the public schools.

Summary of Case Law on School Finance System

In Tennessee Small Schools I (1993), the Tennessee Supreme Court ruled that the state’s system of school finance, which resulted in substantial disparities in funding levels and educational opportunities among school districts, violated the equal protection clause of the state constitution. The court declined to determine whether education was a fundamental right, since it found no rational basis to justify such disparate educational opportunities. After the legislature revised the school funding mechanism to provide for incremental progress towards equalization, the Supreme Court in Tennessee Small Schools II (1995) upheld the new system, finding that equality in educational opportunity could best be achieved by incremental increases toward equalized funding. The Court also held, however, that the funding formula must provide for equalization of teacher’s salaries. In 2002, the plaintiffs returned to the Supreme Court in Tennessee Small Schools III to challenge the proposed teacher salary plan. The Court held that the plan failed to meet the State's constitutional obligation to maintain a system of public education that afforded substantially equal educational opportunity to all students.

Summary of Case Law on Preschool

Preschool has not been addressed in any of the cases.

Constitutional Provisions on Public Education

Tenn. Const. art. XI, § 12  

The State of Tennessee recognizes the inherent value of education and encourages its support. The General Assembly shall provide for the maintenance, support and eligibility standards of a system of free public schools. . . .

Case Law on the Right to Public Education and Preschool

Is Education a Fundamental Right under the State Constitution?

The Tennessee Supreme Court in Tennessee Small Sch. Systems v. McWherter, 851 S.W.2d 139, 155 (Tenn. 1993) (Small Schools I), found it unnecessary to decide whether education was a fundamental right for purposes of deciding plaintiffs’ equal protection claim, since even employing a rational-basis test, the Court could "find no constitutional basis for the [then] present system of [school funding], as it [had] no rational bearing on the educational needs of the districts."

School Finance Cases in Favor of Plaintiffs:

Tennessee Small Sch. Systems v. McWherter, 851 S.W.2d 139 (Tenn. 1993) (Small Schools I)

The Tennessee Supreme Court ruled that the state’s system of school finance, which resulted in substantial disparities in funding levels and educational opportunities among the state’s school districts and their students, violated the equal protection clause of the state constitution, since local control of the public schools did not provide the rational basis needed to justify such disparate educational opportunities.

Tennessee Small Sch. Systems v. McWherter, 91 S.W.3d 232 (Tenn. 2002) (Small Schools III)

The Tennessee Supreme Court held that the salary equity plan adopted by the state legislature in response to the Court’s ruling in Small Schools II (discussed below), which did not include equalization of teachers' salaries and contained no mechanism for cost determination or annual cost review of teachers' salaries, failed to comply with the Court’s ruling or with the State's constitutional obligation to formulate and maintain a system of public education that afforded substantially equal educational opportunity to all students.

Standard for a Constitutionally Adequate Education:

The Small Schools litigation was based on an equal protection theory, not adequacy. Accordingly, the Supreme Court did not develop a standard for a constitutionally adequate education.

School Finance Cases against Plaintiffs:

Tennessee Small Sch. Systems v. McWherter, 894 S.W. 2d 734 (Tenn. 1995) (Small Schools II)

The Tennessee Supreme Court upheld the Basic Education Program, adopted by the state legislature in response to the Court’s ruling in Small Schools I, against plaintiffs’ challenge to its provision for incremental achievement of its objectives. The Court ruled that substantial improvement in educational opportunities throughout the state could best be accomplished incrementally and only if complete equalization of funding were accomplished incrementally. It further ruled, however, that the funding formula must include equalization of teachers' salaries.

Decisions Ruling School Finance Issues Were Non-Justiciable:

None.

Cases Related to State-Funded Preschool:

None.

Pending School Finance Cases:

None.

Statutes, Regulations and Guidance Documents on State Preschool Program

Voluntary Pre-K for Tennessee Act of 2005, Tennessee Code (Tenn. Code) § 49-6-101 et seq., Early childhood education and pre-kindergarten programs ...

Tennessee Code (Tenn. Code) § 49-1-302, State Board of Education; powers and duties; confidential or privileged information

Tennessee Comprehensive Rules and Regulations (Tenn. Comp. R. & Regs.) § 0520-1-3-.05, State Curriculum, Requirement D

2005 State of the State

2005 Governor’s Legislative Agenda Remarks, Dec. 20, 2004

Tennessee Policy for Early Childhood Education

Tennessee Early Childhood Early Learning Developmental Standards

Scope of Services for 2007-2008 Voluntary Pre-K for Tennessee Programs (cited below as Voluntary Pre-K Scope of Services)

Scope of Services for 2007-2008 Pilot Pre-K Programs (cited below as Pilot Pre-K Scope of Services)

Note: The key differences between these programs are:

• Only the Pilot Pre-K Programs serve 3-year-olds
• Only the Voluntary Pre-K for Tennessee Programs are required to implement the community Pre-Kindergarten Advisory Council plans

Provisions Expressing State Policy on Preschool:

Tenn. Code § 49-6-103(a)

It is the legislative intent that, based on the success of Tennessee's existing pilot pre-kindergarten programs, these programs be expanded on a voluntary basis by LEAs [local education agencies] and the communities they serve to provide more opportunities for quality early childhood education and pre-kindergarten experiences.

2005 State of the State, January 31, 2005

First, and the most important of all, I am asking you to join with me tonight in committing to the establishment of a voluntary pre-k program for every 4-year-old in Tennessee. When I meet with groups of teachers, I often ask them, "If you had another dollar to spend on education, where would you put it?" Overwhelmingly, they say, "Pre-K."…I will propose additional funding each year that I am governor until all Tennessee children whose parents want them to participate have access to a pre-K classroom.

2005 Governor’s Legislative Agenda Remarks, Dec. 20, 2004

With the New Year, we’ll take the next step in living up to that commitment to education by establishing a Voluntary Universal Pre-K program statewide…. The benefits are clear. Study after study has proven preschool to be a good "return on our investment," with each dollar spent yielding dividends many times over. But this is about more than just dollars and cents. It’s about doing what is right for our children. And if we are truly serious about it we’ve got to treat it as an integral part of our education system, not some sidebar program.

Eligibility Criteria for State Preschool Program:

Pilot Programs

Tenn. Code § 49-6-101 (f) (1) . . . [The Department of Education’s early childhood education and pre-kindergarten] programs shall be designed to address comprehensively the educational needs, including cognitive, physical, social, and emotional, of children who are not otherwise eligible for similar programs or who do not have access to such programs. The programs shall serve:

(A) Children who are four (4) years of age on or before September 30 and from families with incomes that meet the eligibility requirements for free and reduced lunch as determined pursuant to 42 U.S.C. § 1771; and

(B) Subject to availability of space and resources:

(i) Children who are three (3) and four (4) years of age and who are screened and identified as educationally at-risk, determined pursuant to 20 U.S.C. § 1400 et seq.;

(ii) Children who are three (3) and four (4) years of age who have been in the Tennessee Early Intervention Program (TEIS) or Even Start program; and

(iii) Children three (3) years of age and from families with incomes that meet the eligibility requirements for free and reduced lunch as determined pursuant to 42 U.S.C. § 1771.

Pilot Pre-K Scope of Services, I(A). Child Eligibility for the Pre-K Program

The grantee shall:

• 1. Enroll children who are age three or four on or before September 30 of the year of the beginning school term. Target first those children who are considered to be at-risk, with family income that qualifies the child for the Free and Reduced Lunch Program being the first at-risk factor for consideration.
• 2. Serve the unserved or underserved population of three and four-year-old children.

Voluntary Pre-K Programs

Tenn. Code §49-6-104(a)

Each LEA [local education agency] is authorized to and may provide for enrollment in pre-kindergarten programs for any at risk child residing in the geographic area served by the LEA who is four (4) years of age on or before September 30. Any child may enroll in a program when an insufficient number of at risk children are enrolled to fill a specific classroom.

Voluntary Pre-K Scope of Services, I(A). Child Eligibility for the Pre-K Program

The grantee shall:

• 1. Enroll children who are age four on or before September 30, 2007.
• 2. Enroll children who qualify for the Free or Reduced Price Lunch Program.
• 3. If space is available, after enrolling children who qualify for Free or Reduced Price Lunch Program, you may enroll students who meet the following criteria:
• students with disabilities,
• students identified as ELL,
• students in state custody,
• students identified as educationally at-risk for failure due to circumstances of abuse or neglect
• 4. Serve students who do not meet any at risk criteria, but are considered the unserved or underserved population of four-year-old children, per written request and approval from the Office of Early Learning.

Program Length/Duration:

Tenn. Code §49-6-104(b)(4) [Pre-kindergarten programs] shall comply with the following requirements: … A daily minimum of five and one-half (5 ½) hours of quality instructional time….

Voluntary Pre-K and Pilot Pre-K Scope of Services

The grantee shall: … Provide appropriate educational activities for children, for a minimum of five and one half hours per day (exclusive of nap time), for a minimum of 180 days.

Scope of State’s Responsibility to Provide Preschool:

Tenn. Code § 49-1-302(l)

(1) The [state board of education], through the state department of education, shall enforce standards . . . for public school administered early childhood education programs; and for child care provided in federally regulated programs including Title I preschools, [and] all school-administered head start and even start programs . . . .

(2)(A) The board shall promulgate regulations pursuant to the provisions of the Uniform Administrative Procedures Act, compiled at title 4, chapter 5, part 2, to establish standards for those programs described in subdivision (l)(1).

Tenn. Code § 49-6-101

(a) Any board of education operating public elementary and/or secondary systems of education under the laws of this state may provide for, establish and maintain schools for children under six (6) years of age under such rules and regulations as may be prescribed by the state board of education.

. . . (f) (1) Through a system of competitive grants and technical assistance provided as funding is available, the department of education may establish, administer, and monitor pilot programs of community-based early childhood education and pre-kindergarten programs to serve at least five thousand (5,000) children; provided that the pilot pre-kindergarten programs established pursuant to this section shall be funded at the same level as the funding for pre-kindergarten programs implemented pursuant to the Voluntary Pre-K for Tennessee Act of 2005, codified as §§ 49-6-103 through 49-6-110. Such programs shall be designed to address comprehensively the educational needs, including cognitive, physical, social, and emotional, of children who are not otherwise eligible for similar programs or who do not have access to such programs….

. . . (4) The distribution of early childhood education and pre-kindergarten programs shall be developed in phases based on availability of funding and resources. Selection of early childhood education and pre-kindergarten program sites shall take into consideration the areas of greatest need which may be determined by, but not limited to:

(A) School service areas with high percentages of children from families with incomes that meet the eligibility requirements for free and reduced lunch as determined pursuant to 42 U.S.C. § 1771;

(B) Access to early childhood education and pre-kindergarten programs within the county; or

(C) Service areas of schools which have been determined to be "on notice or probation," as defined by § 49-1-602.

Tenn. Code §49-6-105(b) As part of the application process, the LEA [local education agency] shall include a statement that it has given consideration for how to serve all children four (4) years of age within the geographical area served by the LEA in the event programs are later authorized for all children, regardless of at risk status. The long range plan shall include the proposed sources of local matching funds required under §§ 49-6-103 - 49-6-110. Where applicable, the LEA is encouraged to include a resolution of support from the local governing body indicating intent to appropriate the required local matching funds. Applications that target establishing programs for at-risk children not served by an existing program shall be given preference in the application process. Documentation of local financial support shall also be considered as a factor in the application process. LEAs are encouraged to collaborate with non-school system entities where such collaboration provides an efficient means for expansion of pre-kindergarten classrooms authorized under §§ 49-6-103 - 49-6-110.

Scope of State's Responsibility to Fund Preschool:

Tenn. Code § 49-6-101

. . .(b) [S]chool boards [operating public elementary and/or secondary systems of education under the laws of this state] shall be authorized to receive and accept any federal funds or state funds which hereafter may be specifically appropriated for preschool purposes, or gifts, donations or grants which may be received for such purposes, and to expend such funds in conformity with the provisions which may be set forth in any such appropriations, grants, gifts or donations.

(c) (1) Schools for preschool children organized as public schools or as public school classes under the provisions of parts 1 and 2 of this chapter shall be maintained and supported from local taxes or from such local tax funds supplemented by any federal funds or state funds which hereafter may be appropriated specifically for preschool purposes, or from such gifts, donations or grants as may be received for preschool purposes.

(2) No state funds appropriated for grades one through twelve (1-12) or any local funds which are required for participation in the state funds shall be used for preschool purposes. ...

. . .(f)(1) Through a system of competitive grants and technical assistance provided as funding is available . . . .

…(B) Subject to availability of space and resources . . . .

…(4) . . . based on availability of funding and resources.

…(6) Effective with fiscal year 2005-2006, the local education agency may include in its application a request for funding pursuant to the requirements of §§ 49-6-103 - 49-6-110 for any existing pilot pre-kindergarten program established under §49-6-101(f), provided however, that no state funds received for pre-kindergarten programs pursuant to §§ 49-6-103 - 49-6-110 shall be used to supplant any other state or local funds for pre-kindergarten programs.

(7) All provisions of this subsection (f) are subject to appropriation of funds for that purpose.

Tenn. Code §49-6-107

(a) Programs established under §§ 49-6-103 - 49-6-110 shall be subject to annual appropriations.

(b) The commissioner of education shall annually recommend a funding amount per classroom for those classrooms established under §§ 49-6-103 - 49-6-110. The commissioner shall take into account the necessary components required to operate such classrooms and, to the extent such components are also reflected in the Basic Education Program (BEP) funding formula, shall include the same costs per component in recommending the amount of funding per classroom.

(c) As a condition of receiving state funds for classrooms pursuant to §§ 49-6-103 - 49-6-110, the LEA [local education agency] shall provide a matching amount of funds based on the applicable state and local Basic Education Program (BEP) classroom component ratio in effect for the LEA in which the program is located. In addition, other sources of funds, such as grants, federal funds, and private funds may be used by the LEA to meet the matching funds requirement under this section. The LEA may also meet the matching funds requirement under this section through "in-kind" matches including, but not limited to, the use of non-LEA owned physical facilities, instructional materials, equipment and supplies, food and nutrition services and transportation services. Funds used by the LEA to meet the matching requirements of this section, regardless of their source, shall not be used in calculating the maintenance of local funding effort requirement pursuant to § 49-3-314. Any local funding shall be subject to annual appropriations by the local governing body.

(d) No child shall be required to pay tuition or fees solely for the purpose of enrolling in or attending a pre-kindergarten program established under §§ 49-6-103 - 49-6-110. Nothing in this section prohibits charging fees for childcare which may be provided outside the times of the instructional day provided in these programs.

(e) No state funds received for pre-kindergarten programs pursuant to §§ 49-6-103 - 49-6-110 shall be used to supplant any other state or local funds for pre-kindergarten programs.

Source of Funding for Preschool Program:

Tenn. Code § 49-6-101

. . . (b) [S]chool boards [operating public elementary and/or secondary systems of education under the laws of this state] shall be authorized to receive and accept any federal funds or state funds which hereafter may be specifically appropriated for preschool purposes, or gifts, donations or grants which may be received for such purposes . . . .

(c) (1) Schools for preschool children … shall be maintained and supported from local taxes or from such local tax funds supplemented by any federal funds or state funds which hereafter may be appropriated specifically for preschool purposes, or from such gifts, donations or grants as may be received for preschool purposes.

Tenn. Code §49-6-110

For the programs authorized by §§ 49-6-103 - 49-6-110, the appropriation from excess net education lottery proceeds available under the provisions of title 4, chapter 51 and title 49, chapter 4, part 9 shall not exceed twenty-five million dollars ($25,000,000) in any fiscal year.

Scope of Child's Right to Attend Preschool:

Tenn. Code Ann. § 49-6-101(f)

…(2) Enrollment in the [early childhood education and pre-kindergarten] program shall be voluntary.

. . .(7) No provision of this subsection (f) shall be considered an entitlement to any service or program authorized by this subsection (f) unless funds are appropriated for such purpose.

Curriculum Content Standards for Preschool Program:

Tenn. Code § 49-6-101(f)(1) . . . Such [early childhood education and pre-kindergarten] programs shall be designed to address comprehensively the educational needs, including cognitive, physical, social, and emotional, of children . . . .

Tenn. Code §49-6-104

…(b) Programs operated pursuant to §§ 49-6-103 - 49-6-110 shall comply with the following requirements:

(5)… use of educational, age-appropriate curriculum that is aligned with the state department of education approved early learning standards and which includes, but is not limited to literacy, writing, math and science skills;

(6) a developmental learning program that addresses the cognitive, physical, emotional, social and communication areas of child development; …

Tenn. Comp. R. & Reg. 0520-1-3-.05(5)(a) All approved pre-kindergarten . . . programs shall be child-centered, family focused, and developmentally appropriate. Pre-kindergarten programs shall be based on the early childhood education and parent involvement policy of the State Board of Education. . . .

1. The programs shall provide daily active learning experiences through exploration and play. Hands-on manipulation of real objects shall be emphasized in the learning experiences in preference to worksheet items.

2. The programs shall provide an arrangement of the room, equipment, and materials in learning centers which facilitate both small group and individual child use. Such equipment and materials shall be appropriate in size and complexity to the age of the children.

. . . 5 (b) The curriculum and program structure for children in pre-kindergarten . . . shall be organized to support developmentally appropriate practice and may serve children in ungraded (non-graded or multi-age) groups or classes. . . .

Note: Tennessee's pre-k learning standards were adopted by the State Board of Education in August 2004:

Tennessee Early Childhood Early Learning Developmental Standards

Voluntary Pre-K and Pilot Pre-K Scope of Services: Curriculum

The grantee shall:

Provide an appropriate, research-based educational curriculum, aligned with the Tennessee Early Childhood Education–Early Learning Developmental Standards.

Provide an educational program that ensures all developmental areas – language, cognitive, social-emotional and physical- are addressed, with a balance between direct instruction, individualized instruction, group activities, and choice of center based activities. The program will also provide materials and equipment that support the curriculum and offer concrete and relevant experiences. Appropriate learning experiences with technology may be included in the developmental learning program.

Provide an educational program which includes educational experiences to meet the wide range of developmental interests, abilities, and cultural diversities found among children.

Ensure that the organization and delivery of the daily activities within developmental learning program is based upon teacher observations and assessment of each child’s development.

Note: The Tennessee Department of Education supplies a List of Approved Pre-kindergarten Curricula

Teacher Certification/Qualification Standards for Preschool Program:

Tenn. Code §49-6-104

…(b) Programs operated pursuant to §§ 49-6-103 - 49-6-110 shall comply with the following requirements:

…(2) At least one (1) licensed teacher per classroom certified in early childhood education;

(3) At least one (1) educational assistant per classroom who holds a child development associate credential (CDA) or associate degree in early childhood education or who is actively working toward acquiring such credentials; provided, however, that if no person with such credentials is available, then educational assistants who hold a high school diploma and have relevant experience working with children in pre-kindergarten or other early childhood programs may be employed;….

Voluntary Pre-K and Pilot Pre-K Scope of Services. Staffing

The grantee shall:

… Provide, for each classroom, a teacher who is state licensed and endorsed for Early Childhood Education or who is teaching under an approved waiver or alternative license. Teachers who are teaching on an alternative license or waiver must complete six semester hours of college credit courses during each year of service until teacher licensure in early childhood education is achieved.

Provide teacher assistants in sufficient numbers to provide an adult:child ratio, inclusive of the teacher, which meets the Department of Education ratios. The teacher assistant credentials shall be as follows: hold at least a CDA or associate degree in early childhood or be actively working toward those credentials. If no person is available who holds these credentials, then a high school diploma and relevant experience in early childhood education is acceptable for employment. Teacher assistants who do not hold any credentials in early childhood education are encouraged to work toward credentials in early childhood education.

Ensure all staff (teachers, teacher assistants, and direct supervisor of the ECE program) obtain annually the minimum number of hours (as specified by health and safety standards) of appropriate staff development relating to the education of young children.

Ensure all teachers are evaluated by personnel trained in the use of the Frameworks for Evaluation so that licensure advancement can occur, pursuant to the Tennessee State Board of Education rules.

Other Quality Standards for Preschool Program:

Tenn. Code §49-6-104

…(b) Programs operated pursuant to §§ 49-6-103 - 49-6-110 shall comply with the following requirements:

(1) A maximum class size of 20….

Tenn. Code § 49-1-302(l)

(1) The [State Board of Education], through the state department of education, shall enforce standards . . . for public school administered early childhood education programs; and for child care provided in federally regulated programs including Title I preschools, [and] all school-administered head start and even start programs . . . .

(2)(A) The board shall promulgate regulations pursuant to the provisions of the Uniform Administrative Procedures Act, compiled at title 4, chapter 5, part 2, to establish standards for those programs described in subdivision (l)(1). . . .

Tenn. Comp. R. & Reg. 0520-1-3-.05(5)(a)

. . . (4) Pre-kindergarten programs shall be staffed by at least one teacher for each 20 children and additional educational assistants or other personnel as are required to meet the adult/child ratio standards specified by the State Department of Human Services and administered by the State Department of Education for child care programs in schools.

(5) Pre-kindergarten programs shall use and maintain transportation services (if provided) and facilities which meet the fire, safety, and health standards specified by the State Department of Human Services and Head Start, and administered by the State Department of Education for child care programs in schools. . . .

Tennessee Policy for Early Childhood Education

Quality Standards for Program Performance:

All programs should exemplify developmentally appropriate practices and adhere to state operating standards. State standards are comparable to those recommended by the National Association for the Education of Young Children, Association for Children Education International, and the National Association of Elementary School Principals.

Family Engagement:

Programs should focus on family services which involve the family as a whole.. The needs of the participating families will define the parameters of the core services provided. The core services available to all enrolled children and their families should be comprehensive and provided and delivered in a coordinated fashion between various agencies and program units. Programs should encourage the development of partnerships among the family, program, school(s), and the community. Families should have the training and the opportunity to participate effectively in program operations as well as program decision making.

Staff positions required:

…Educational assistants based on need to maintain adult/child ratios of 1:10 (1:8 if more than half are three-year-olds)…

Facilities and Transportation:

The facilities used to provide group experiences and education programs for young children must meet the state fire safety, and health standards as defined by Chapter 0520-12-1.

Pre-kindergarten education programs must develop a student transportation plan based on availability of transportation to and from the program. The transportation policy and practice must address child safety on entering the vehicle, child safety during transport, supervision during transport, time in transit and child safety on exiting the bus. State vehicle safety standards will be met by all vehicles and drivers when providing transportation for children enrolled in the program.

Parent Involvement and Family Services:

The program will incorporate procedures to identify needs and connect families to available services, including education, health/mental health, nutrition, social services, and job counseling.

The program will provide parents with the opportunity for education and training for meaningful participation in program operations and decision making.

Strategies will be implemented which enable family members to become active and effective partners in providing meaningful educational experiences for the children.

The program will provide a wide range of parent and family involvement options to promote the strengthening and the best interests of families. In addition to parent involvement in program delivery, family engagement activities should include guidance, information, and training in parenting skills, personal development, and child development concepts which foster learning in the home.

Service coordination and interagency agreements for early childhood education and parent involvement programs will ensure cooperation and collaboration in meeting the needs of individual children and families.

Health/Mental Health/Nutrition Services:

The program will provide access to available community health and nutrition services including medical, screening for vision and hearing, dental, mental health, and daily food supplements. The daily program for the children in a group setting will provide for the serving of breakfast, lunch, and snacks that meet the federal recommended daily requirements for the nutritional needs of young children. ...

Pilot Pre-K and Voluntary Pre-K Scope of Services

The grantee shall: … Provide sufficient qualified staff such that the classroom has a minimum adult:child ratio of 1:10 for four-year- olds at all times, except for scheduled nap times. The maximum class size is 20 children.

Voluntary Pre-K and Pilot Pre-K Scope of Services, I

Health, Nutrition and Safety

The grantee shall:

Provide a nutritious breakfast, lunch, and snack on a regular and appropriate schedule, based on hours of operation.

Establish, as a part of enrollment, a process to ensure that each child enrolled has had an annual physical examination as provided in the Early Periodic Screening, Diagnosis and Treatment (EPSDT) program and is current with the necessary immunizations for their age.

Family Engagement

The grantee shall:

Provide a family engagement component that includes, but is not limited to, family consultation, parenting skills training, home visits, and opportunities for parents/family members to volunteer in the program component. These services may be provided through a collaborative effort with other local agencies serving children and families.

Conduct parent/teacher or family/teacher conferences regarding each child at least twice yearly.

Assist families of children in the Pre-K program needing extended-day/extended-year services outside the five and one half hour/180 day school year to obtain quality care. The partner agency or the LEA may provide the extended services, or they may collaborate with another agency to provide the extended services. A list of child care agencies can be obtained from the Child Care Resource and Referral Agency. (It is not mandated that the child care service be provided by the grantee, but the grantee must assist families to obtain the needed child care.)

Delivery of Preschool Services:

Tenn. Code § 49-6-101

. . . (f)(3) Any public or not-for-profit agency, meeting the criteria for § 501(c)(3) tax exempt status, with experience serving children and in good fiscal standing, is eligible to contract with the department of education to perform the delivery of educational services in compliance with the rules promulgated and the policies adopted for early childhood education by the state board of education. All not-for-profit agencies, contracted to deliver the early childhood education and pre-kindergarten program, must demonstrate a collaborative agreement between the agency and the local education agency to enhance transition into the public schools, to monitor student performance outcomes as children are promoted through the elementary grade levels, and to evaluate early childhood education teachers for purposes of teacher licensure.

         . . . (5) All early childhood education and pre-kindergarten programs established under this subsection (f) shall be developed through a collaborative effort of the departments of education, health, mental health and developmental disabilities, children's services, and human services, and shall build upon resources and services within the community. Efforts should be made by the interdepartmental group to inform eligible families about enrollment in the early childhood education and pre-kindergarten programs, to address the health and social needs of children, and to assist working families to meet extended day child care needs.

Tenn. Code § 49-6-102

Sections 49-6-103 - 49-6-110 shall be known and may be cited as the "Voluntary Pre-K for Tennessee Act of 2005."

Tenn. Code § 49-6-103

(a) It is the legislative intent that, based on the success of Tennessee's existing pilot pre-kindergarten programs, these programs be expanded on a voluntary basis by LEAs [local education agencies] and the communities they serve to provide more opportunities for quality early childhood education and pre-kindergarten experiences.

…(c) Implementation of these programs by LEAs shall be voluntary.

Tenn. Code §49-6-105

(a) LEAs [local education agencies] may apply to the department of education for funding and approval of one or more pre-kindergarten programs. LEAs may contract and enter into collaborative agreements for operation of these programs with non-school system entities in the geographical area served by the LEA including, but not limited to, non-profit and for-profit child care providers and Head Start programs. LEAs shall not contract or collaborate with any child care provider licensed by the department of human services unless that provider has attained the highest designation under the rated licensing system administered by the department of human services pursuant to Title 71, Chapter, 3, Part 5.

(b)…LEAs are encouraged to collaborate with non-school system entities where such collaboration provides an efficient means for expansion of pre-kindergarten classrooms authorized under Sections 49-6-103 - 49-6-110 .

Tenn. Code §49-6-106

(a) Each LEA applying for programs under the provisions of 49-6-103 - 49-6-110 shall create and appoint a community pre-k advisory council. The director of schools, or the director’s designee, shall serve as chair and coordinate the activities of the council. The council shall include, but not be limited to, members representing the local school board, parents, teachers, nonprofit providers, for-profit providers, Head Start, the business community, and local government funding bodies, where applicable. The council shall provide input to the local board of education in creating the board’s application for programs, taking into consideration the number and type of existing programs currently serving children four (4) years of age within the geographical area served by the LEA.

Tenn. Code § 49-6-108

There is established within the department of education an Office of Early Learning. The office shall:

• (1) Administer the pre-kindergarten classroom application process;
• (2) Provide oversight, monitoring, technical assistance, coordination, and training for pre-kindergarten classroom providers;
• (3) Serve as a clearinghouse for information and best practices related to pre-kindergarten programs;
• (4) Coordinate activities and promote collaboration with other departments of state government in developing and supporting pre-kindergarten programs;
• (5) Review existing regulations and standards and recommend needed changes to promote a consistent approval, assessment and monitoring process for providers of pre-kindergarten programs established under §§ 49-6-103 - 49-6-110; and
• (6) Provide an annual report to the Governor and the General Assembly on the status of pre-kindergarten programs which shall include, at a minimum, the number, location and types of providers of pre-kindergarten classrooms and the number of at-risk students served.

Voluntary Pre-K and Pilot Pre-K Scope of Services, Collaboration

The grantee shall:

28. Implement the Pre-Kindergarten Community Advisory Council’s plan.

29. Maintain for public review all minutes of the Pre-K Advisory Council’s proceedings.

30. Partner with other child care agencies for the provision of services per the Pre-K Implementation Plan adopted by the Pre-K Advisory Council.

Voluntary Pre-K and Pilot Pre-K Scope of Services, Family Engagement

The grantee shall:

... Assist families of children in the Pre-K program needing extended-day/extended-year services outside the five and one half hour/180 day school year to obtain quality care. The partner agency or the LEA may provide the extended services, or they may collaborate with another agency to provide the extended services. A list of child care agencies can be obtained from the Child Care Resource and Referral Agency. (It is not mandated that the child care service be provided by the grantee, but the grantee must assist families to obtain the needed child care.)

Tennessee Policy for Early Childhood Education

Interagency Collaboration:

All pre-k programs should collaborate with other agencies and programs to maximize resources and coordinate services. Local public school systems and related community agencies are encouraged to develop interagency agreements at the local level which focus on the delivery of essential services to all children and families eligible for enrollment in the early childhood education and family involvement program.

Programs sponsored through the Tennessee’s Voluntary Pre-Kindergarten Initiative should complement, not supplant, effective programs currently in operation through other federal, state, or local agencies. Participating education agencies shall create and appoint community pre-k advisory councils. The pre-k advisory councils shall include members representing the local board of education, families, teachers, non-profit program providers, for-profit program providers, the business community, local government agencies, and related service providers. Local education agencies and related community agencies are encouraged to develop interagency agreements which focus on the delivery of essential services to participating children and families.

Requirements for Student Assessment and Program Evaluation:

Tenn. Code §49-6-108

There is established within the department of education an Office of Early Learning. The office shall:

…(6) Provide an annual report to the Governor and the General Assembly on the status of pre-kindergarten programs which shall include, at a minimum, the number, location and types of providers of pre-kindergarten classrooms and the number of at-risk students served.

Tenn. Code §49-6-109

The office of education accountability shall coordinate a study of the effectiveness of pre-kindergarten programs authorized under §§ 49-6-103 - 49-6-110. Such study shall specifically assess the effectiveness of such pre-kindergarten programs on student achievement, both short term effects and long term effects. Effectiveness may be assessed by analyzing data, including test scores, readiness assessments, curriculum evaluations or other relevant data sources, gathered and maintained in a statistically valid manner. At a minimum student achievement shall be determined by analysis of: (1) Data from norm-referenced test scores from standardized tests administered in grades kindergarten through two (K-2); (2) Data from criterion-referenced test scores from standardized tests administered in grades three through five (3-5); and (3) Variables related to student achievement, student demographic characteristics, pre-kindergarten program characteristics and elementary school characteristics. The office is authorized to engage one (1) or more independent evaluators to assess the effectiveness of these programs.

Tenn. Comp. R. & Reg. 0520-1-3-.05 (5)

(a)(3) Assessment of pre-kindergarten . . . children shall emphasize the use of observational data and other assessments that support the delivery of an individualized, developmentally appropriate program.

…(i) Standardized or formalized testing may be administered to pre-kindergarten . . . children only for the purposes of diagnosing special educational needs, developing services to support mainstreaming of children with disabilities, and/or for meeting any required federal program eligibility standards. . . .

Voluntary Pre-K and Pilot Pre-K Scope of Services, Assessment

The grantee shall:

Administer the Family Survey in the spring of the school year.

Administer the Early Childhood Environmental Rating Scale (ECERS) and write a plan of action to address the areas of need identified by this tool by the end of the first semester for all new programs or programs with changes in classroom space or staff; OR

Document progress of meeting goals set after completing ECERS in previous year.

Administer the Early Language & Literacy Classroom Observation (ELLCO) and write a plan of action to address the areas of need identified by this tool by the end of the first semester for all new programs or programs with changes in classroom space or staff; OR

Document progress of meeting goals set after completing ELLCO in previous year.

Pilot Pre-K Scope of Services, Assessment

The grantee shall:

1) Administer the Family Survey in the spring of the school year.

2) Administer the Early Childhood Environmental Rating Scale (ECERS) in the first quarter of the school year.

3) Administer the Early Language & Literacy Classroom Observation (ELLCO) in the first quarter of the school year.

4) At the end of the first quarter of the school year, write and implement an Improvement Plan to address the areas of need identified through the instruments specified in A.1.k.1. – A.1.k.3 above.

5) Review and document the progress in meeting the objectives in the areas of need identified in the Improvement Plan through the assessments at mid-year and then at the end of the school year.

Tennessee Policy for Early Childhood Education

Assessment:

Assessment of young children enrolled in a pre-kindergarten childhood education program and family engagement program should be on going and include anecdotal observations and screening designed to support the delivery of an individualized, developmentally appropriate program. Assessments must not be used for program entry or exit purposes unless required by federal funding sources.

… Evaluation and Accountability:

Annual, local program evaluation shall be instituted to include the following areas: environment, program efficacy, and teacher quality. Feedback should be provided to administrators, program staff, pre-k advisory council members, and families to assist in program planning and improvement.

Ongoing comprehensive, outcome-based evaluations should be conducted in accordance with the State Department of Education directives and the long term evaluation model.