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Overview
Vermont’s Early Education Initiative (EEI)
was established in 1987 to provide early education services to children at-risk
for school failure due to low family income and other risk factors, such as
exposure to violence, neglect and substance abuse. Public schools, Head Start
agencies, Parent-Child Centers and private childcare providers are eligible
to apply to the Vermont Department of Education for a grant to operate an EEI
program. According to the National Institute for Early Education Research (NIEER),
the EEI program served 11% of four-year-olds and 6% of three-year-olds in 2005-2006.
State funding for the program that year was approximately $1.3 million.
Under a separate program begun in 2003, Public Preschool Partnerships, Vermont
public schools may provide preschool to resident three- and four-year old children
within
the public school setting or by collaborating with qualified community programs.
Public school districts are allowed to count children participating in the
program in their resident student count (average daily membership or ADM) under
the school finance formula, although funding is capped at about half of the
district’s total three- and four-year old population, and only covers
ten hours of programming a week. According to NIEER, the Public Preschool Partnerships
program served 36% of four-year-olds
and 8% of three-year-olds in 2005-2006, utilizing about $8.3 million in state
funds.
State Policy
Vermont’s General Assembly has found that early education helps prepare at-risk
children for success in school and contributes to the overall well being of
society. Further, the General Assembly has stated "an early investment
in a child's learning
potential may lessen the need for remedial services." The General Assembly
has also found that “[t]he first five years of a child’s life are
crucial to a child’s development,” and that “[f]ailure to
meet the needs of young children results in significant societal costs in the
future.”
Eligibility Criteria
The EEI program serves economically disadvantaged
children, English language learners, children with disabilities and children
who have suffered from, or are at risk
of, abuse or neglect. If a school district provides a Public Preschool Partnerships
program, it is open to all 3- and 4-year-olds, without regard to risk factors
or other criteria.
Program Length/Duration
There are no state requirements regarding preschool program length/duration.
State funding for the Public Preschool Partnerships program will only cover
ten hours a week of programming, but districts are free to provide longer hours
using local or other funds.
Funding
The EEI program is a competitive grant program administered
by the Vermont Department of Education. Public school districts, Head Start
agencies, Parent-Child Centers and private childcare providers are eligible
to apply for funding.
The Public Preschool Partnerships program provides
funding to public school districts to either operate or contract out a
preschool program. School districts are allowed to count resident preschool
pupils
in their full-time equivalent enrollment under
the State’s school
funding formula. Although schools may enroll as many three- and four-year
olds as they wish, reimbursement is capped at about half of the district’s
total three- and four-year old population, and only covers ten hours of
programming a week.
Vermont funds the State’s share of public education costs through the Vermont
Education Fund. The
Fund is supported by Vermont lottery proceeds, nonresidential property taxes,
sales taxes and general appropriations. Local revenue makes up the remainder
of education costs in the State.
Quality Standards
In a national survey
of quality standards,
the National Institute for Early Education Research (NIEER) gave Vermont’s
Early Education Initiative (EEI) a rating of six out of ten.
The program meets
NIEER’s benchmark for teacher
qualifications,
requiring all pre-k teachers to hold a bachelor’s degree and an early childhood
license/endorsement (Pre-K through Grade 3). Pre-k teachers must participate
in at least twelve hours of professional development annually, falling short
of NIEER’s standard of fifteen hours per year. EEI programs do not meet NIEER’s
benchmark for assistant teachers because only teachers employed in public
schools are required to hold a CDA or equivalent, while assistant teachers
in non-public
school settings need only have a high school diploma. Also, the EEI programs
do not meet NIEER’s meal requirement.
Vermont's EEI Program meets NIEER’s standard for staff-child
ratio (1:10)
and maximum class size (20). The program also satisfies NIEER’s standards
for vision, hearing and health screening and family support services. Site
visits are not required in the EEI program, thereby failing to meet NIEER’s
monitoring benchmark.
Vermont recently adopted the Vermont Early Learning Standards to
inform parents and guide educators in the development of curricula, teaching
strategies and student assessment. These standards meet NIEER’s requirements
for comprehensive early learning standards.
NIEER gave the Public Preschool Partnerships program a rating of seven out
of ten. Bachelor’s degrees are required for teachers in these programs,
with early education or early childhood special education licenses. Assistant
teachers in the Public Preschool Partnerships, however, are not required to
have the CDA credential or its equivalent. The teacher in-service mandate of
earning 9 credit hours every 7 years satisfies NIEER’s standards. The
programs require a class size of 20 and a staff/child ratio of 1:10, also meeting
NIEER's benchmark for these factors. The Public Preschool Partnerships program
does not meet NIEER’s meal requirement or its monitoring benchmark, but
it does satisfy NIEER’s standards for vision, hearing and health screening
and support services.
All prekindergarten programs, whether they are located in a public school
or a private facility, must be licensed by the
Department for Children and Families.
Delivery of Preschool Services
The Vermont Department of Education administers both Public Preschool Partnerships
and the EEI program. Under the EEI program, all providers
of preschool services – public school districts, Head Start agencies,
Parent-Child Centers and private childcare providers -- are eligible to apply
to the Department of Education for a grant to operate a preschool program.
Public school districts opting to participate in Public Preschool Partnerships
may offer preschool through direct provision of services, collaborative programs,
direct contracting with other public or private providers, or any combination
of these. Providers for the Public Preschool Partnerships must have NAEYC accreditation
or have at least a three or four star rating in the state STARS system (STep
Ahead Recognition System). In all cases, school districts are reimbursed for
children served through Public Preschool Partnerships on a per student basis
under the school
funding formula.
In 2006, the legislature established the Prekindergarten
Education Study Committee to collect data on public and private prekindergarten
programs in Vermont, study the relevant research, and make recommendations
to the legislature on whether publicly funded prekindergarten
programs should be offered, and how such programs should be
funded and structured. The Committee released its report in February 2007, recommending that the legislature clearly authorize pre-k
for three- and four-year-olds (funded through the school funding formula),
using existing community providers if possible, and that oversight of early
education programs be consolidated in one agency.
Requirements for Student Assessment
and Program Evaluation
Vermont requires all early childhood programs to document evidence of continuing observation, recording and evaluation of each child's growth
and development.
Education Clause in State Constitution
The education clause in the Vermont Constitution
requires the State to maintain "a competent number of schools…in each town." The Constitution
also states that the government is "instituted for the common benefit… and
not for the particular…advantage of a single person or set of persons…"
Summary of Case Law on School Finance System
In the 1997 decision in Brigham v. State, the
Vermont Supreme Court found that the State’s
system of school finance, which depended largely on local property taxes, resulted
in wide disparities in revenue available to local school districts. The Court
held that these imbalances deprived children of equal educational opportunity
in violation of the education and "common
benefit" clauses of the State Constitution. The Brigham plaintiffs
returned to court in 2004 challenging the inequities in the new funding system
enacted by the legislature in response to the first Brigham decision.
In a 2005 decision, the Vermont Supreme Court reversed a superior court order
dismissing plaintiffs’ complaint on the grounds of judicial restraint. The
Supreme Court held that the trial court had abdicated its constitutional duty
by failing to rule on plaintiffs’ claims concerning the constitutionality of
the system for funding public education.
Summary of Case Law on Preschool
None of the case law has addressed publicly-funded preschool.
Vt. Const. Ch. II, § 68
Laws for the encouragement of virtue and prevention of vice and immorality ought
to be constantly kept in force, and duly executed; and a competent number of
schools ought to be maintained in each town unless the general assembly permits
other provisions for the convenient instruction of youth. . . .
Vt. Const. Ch. I, § 7
That government is, or ought to be, instituted for the common benefit, protection,
and security of the people, nation, or community, and not for the particular
emolument or advantage of any single person, family, or set of persons, who
are a part only of that community; and that the community hath an indubitable,
unalienable, and indefeasible right, to reform or alter government, in such
manner as shall be, by that community, judged most conducive to the public
weal.
Is Education a Fundamental
Right under the State Constitution?
The Court in Brigham v. State referred to education as a "fundamental
obligation of state government," 166 Vt. 246, 265, 692 A.2d 384, 395 (1997),
but did not rule that it is a "fundamental right" under the state
constitution. The Court stated: "Whether we apply the "strict scrutiny" test
urged by plaintiffs, the "rational basis" standard advocated by the State,
or some intermediate level of review, the conclusion remains the same; in Vermont
the right to education is so integral to our constitutional form of government,
and its guarantees of political and civil rights, that any statutory framework
that infringes upon the equal enjoyment of that right bears a commensurate
heavy burden of justification." 166 Vt. at 256, 692 A.2d at 390.
School Finance Cases in Favor
of Plaintiffs:
Brigham v. State, 166 Vt. 246, 692 A.2d 384 (1997) (Brigham I)
The Vermont Supreme Court ruled that the state’s system of school finance, "with
its substantial dependence on local property taxes and resultant wide disparities
in revenues available to local school districts," deprived children of
equal educational opportunity in violation of the education and "common
benefit" clauses of the state constitution. The Court further ruled that
these clauses do not require absolute equality of educational opportunity,
but require the state to ensure substantially equal educational opportunity
throughout the state.
Brigham v. State, 179 Vt. 525, 889 A.2d 715 (2005) (Brigham
II)
Plaintiffs--a group of public school students and a group
of taxpayers--returned to court in 2004 challenging the constitutionality of
the school funding system enacted by the legislature in response to the 1997 Brigham decision.
Plaintiff students allege that the funding legislation does not remedy the
inequality in educational opportunity identified in the 1997 decision; plaintiff
taxpayers assert that the legislation’s method of taxation to fund education
violates their rights under the Vermont Constitution because it imposes a disproportionate
burden upon the taxpayers in their towns compared to similarly situated taxpayers
in other towns. The trial court granted that State’s motion to dismiss the
complaint on the basis of judicial restraint. Drawing from Brigham I’s
recognition that "the court has a duty to hear plaintiffs’ claims on the
alleged constitutional deficiencies of the education-funding system," the
Vermont Supreme Court reversed the trial court and found that plaintiffs pleaded
facts sufficient to allow their claims to go forward. The Court noted the judicial
duty to uphold the Constitution despite prudential judicial restraint. The
case has been remanded back to the superior court for trial.
Standard for a Constitutionally
Adequate Education:
None.
School Finance Cases against
Plaintiffs:
None.
Decisions Ruling School Finance
Issues Were Non-Justiciable:
None. In Brigham I and II, discussed above, the Vermont Supreme
Court specifically rejected the State’s claim that school finance issues are
non-justiciable, finding instead a constitutional duty on the part of the courts
to rule on alleged constitutional violations.
Cases Related to State-Funded
Preschool:
None.
Pending School Finance Cases:
Brigham v. State, Superior Court, Washington County
Plaintiffs--a group of public school students and a group of taxpayers--returned
to court in 2004 challenging the constitutionality of the school funding system
enacted by the legislature in response to the 1997 Brigham decision.
Plaintiff students allege that the funding legislation does not remedy the
inequality in educational opportunity identified in the 1997 decision; plaintiff
taxpayers assert that the legislation’s method of taxation to fund education
violates their rights under the Vermont Constitution because it imposes a disproportionate
burden upon the taxpayers in their towns compared to similarly situated taxpayers
in other towns. Following appeal of the trial court’s order dismissing the
complaint, the Vermont Supreme Court remanded the case to Superior Court for
trial. See discussion of Brigham II under School Finance Cases in Favor
of Plaintiffs.
Vermont Statutes (Vt. Stat.) T. 16, § 11, Classifications and Definitions
Vermont Statutes (Vt. Stat.) T. 16 § 829, Prekindergarten Education;
Rules
Vermont Statutes (Vt. Stat.) T. 16, § 2904, Reports
Vermont Statutes (Vt. Stat.) T. 16, § 4014, Early Education
Vermont Statutes (Vt. Stat.) T. 33, § 4701 et seq., Children at Risk
of School Failure
Vermont Code of Regulations (Vt. Code R.) § 13 162 008, Early Childhood
Program Licensing Regulations
H.516, Appropriation Bill (2005)
Act No. 186 (2005-2006) [S.314], An Act Relating to Early Childhood Education
Act No. 62 (2007) [H.534], An Act Relating to Prekindergarten Education
Vermont Early Learning Standards
Report of the Prekindergarten Education Study Committee, “Early Childhood
Nurture and Development in Enriched Educational Settings” (February 2007),
cited below as Pre-K
Study Committee Report.
Note: Rules governing the Public Preschool Partnerships program have been
drafted by the Department of Education and the Department for Children and
Families and were presented to the State Board of Education for approval in
November 2007.
Provisions Expressing State Policy on Preschool:
2007 Act 62, § 1
The general assembly finds:
(1) The first five years of a child’s life are crucial to a child’s
development.
(2) The family plays the most important role in the life of a young child.
Families have the primary responsibility and right to nurture and provide
for the early childhood development and education of their children.
(3) Approximately 70 percent of Vermont parents
are employed in the workforce. At least 70 percent of Vermont’s three and four year old children are
in “out of the home” child care for up to 50 hours per week, while
their parents work to provide for the family’s needs.
(4) The broader community has a vested interest in assuring that all
children and families have access to the care and support needed
for the growth
and development of children. Failure to meet the needs of young children
results
in significant societal costs in the future.
(5) A child’s growth and development occur
best in integrated environments. Early nurture and development opportunities
are best provided in
locations that are convenient to families and minimize transitions for children.
(6) The provision of early care and prekindergarten education through
high quality private providers is one of the most crucial elements
supporting the strength and stability of the system serving young
children.
Vt. Stat. T. 33 § 4701
(a) The general assembly finds that early intervention and family support
services offers the chance for children at risk of school failure to enter
school better prepared to learn. Children who succeed in school are more likely
to fulfill their potential as adults. An early investment in a child's learning
potential may lessen the need for remedial services. The role of parents as
their child's first teachers should be strengthened through a community-based
system of early childhood services which provide the earliest opportunity to
identify and serve children at risk of school failure. . . .
(b) The general assembly finds that early education contributes to the health
of our society just as importantly as does good nutrition and proper immunization.
Children's healthy intellectual development is greatly enhanced by their early
and consistent exposure to books and other educational materials and experiences.
The general assembly also finds that opportunity for school success may be
enhanced for children at risk of school failure by providing parents of such
children with information on a variety of approaches to child development.
(c) The general assembly finds that currently available early child development
services are provided by many state departments and community agencies, but
they are not uniformly available or coordinated or sufficiently well known
by parents.
(d) Therefore, it is the policy of the state of Vermont and this chapter
to offer all families assistance in the preparation of their children for school,
from the time of birth onward, through a community-based education and human
services system with the capability to identify preschool children at risk
of school failure and to reduce this number through health, education, and
family support programs. It is the goal of this chapter that few children enter
school at risk of school failure, and that those who do have been previously
identified where possible and have received appropriate early education, child
care and health care services on a voluntary basis. . . .
Pre-K Study Committee Report
…
IV. Guiding Principles for Provision of Prekindergarten Education in Vermont
- The first five years of a child’s life are
the most important developmentally.
- The family plays the most important role in the
life of a young child. Families have the primary responsibility and right
to nurture and
educate their child.
- The broader community has a vested interest in assuring
that all children and families have access to the care and support needed
to support
their growth and development. Failure to meet the needs of young children
results
in significant
societal costs later on. …
Eligibility Criteria for State Preschool Program:
Public Preschool Partnerships
Vt. Stat. T. 16 § 11 (a) (31)
"Early childhood education,” “early education,” or “prekindergarten
education” means services designed to provide developmentally appropriate
early development and learning experiences based on Vermont’s early learning
standards to children who are three to four years of age and to five year old
children who are not eligible for or enrolled in kindergarten.
Vt. Stat. T. 16 § 4001(15)
“
Prekindergarten child” means a three or four year old child who is
enrolled in a prekindergarten program offered by or through a public school
pursuant
to rules adopted under section 829 of this title or who is receiving essential
early education services offered pursuant to section 2956 of this title.
Prekindergarten child also means a five year old child who otherwise meets
the terms of this
definition if that child is not yet eligible for or enrolled in kindergarten.
Early Education Initiative
Vt. Stat. T. 33 § 4702 [Support services for children at risk
of school failure].
(a) . . . As used in this chapter:
(1) "At risk" means those children from birth to age
72 months who have a diagnosed physical or mental condition that has a high
probability of resulting
in a developmental delay, or who have a high probability of experiencing failure
in school due to biological, medical or environmental factors.
(2) "School failure" means failure to develop essential
skills in reading, writing and mathematics appropriate to age level.
Vt. Stat. T. 16 § 4014
…(d) The commissioner shall evaluate [grant] proposals based on the following
criteria:
(1) The program will serve additional children with special needs, such as
those who are economically disadvantaged, those who have limited English language
skills, those with handicapping conditions or those who have suffered from
or are at risk of, abuse or neglect.
Program Length/Duration:
Vt. Stat. T. 16 § 4001(1)
“
Average daily membership” of a school district, or if needed in order
to calculate the appropriate homestead tax rate, of the municipality as defined
in 32 V.S.A. § 5401(9), in any year means:
…
(C) The full time equivalent enrollment for each prekindergarten child as follows:
If a child is enrolled in 10 or more hours of prekindergarten education per
week or receives 10 or more hours of essential early education services per
week, the child shall be counted as one full time equivalent pupil. If a child
is enrolled in six or more but fewer than 10 hours of prekindergarten education
per week or if a child receives fewer than 10 hours of essential early education
services per week, the child shall be counted as a percentage of one full time
equivalent pupil, calculated as one multiplied by the number of hours per week
divided by ten. A child enrolled in prekindergarten education for fewer than
six hours per week shall not be included in the district’s average daily
membership. …
Scope of State’s Responsibility to Provide Preschool:
Public Preschool Partnerships
Vt. Stat. T. 16 § 1073
(a) "Legal pupil" means an individual who has attained the age of
five years on or before January 1 next following the beginning of the school
year. However, a school district may establish and enforce a regulation which
requires that students admitted to kindergarten have attained the age of five
on or before any date between August 31 and January 1.
…
(c) An individual who is not a legal pupil may be enrolled in a public school
in a prekindergarten program offered by or through a public school pursuant
to rules adopted under section 829 of this title ….
2007 Act 62, § 13. Construction
Nothing in this act shall be construed to require a school district to
provide a prekindergarten education program.
Early Education Initiative
Vt. Stat. T. 33 § 4701 (a). [Support services for children at risk
of school failure] . . . The state shall provide, or assist parents in the
provision of such aid through community-based public or private early childhood
development services for as long as the parents are eligible and continue to
desire such services for themselves and their children.
Vt. Stat. T. 33 § 4702 (b). [Support services for children at
risk of school failure] The secretary of human services and the commissioner
of education shall develop and implement, through community-based organizations,
a coordinated system of state and local agencies that identifies children at
risk of school failure, makes available to them and their families, as eligible
and willing, coordinated early education and support services individually
designed with each family and based on a family's identified needs, and encourages
parents to use these services. . . . All services shall be voluntary, and when
a local community chooses to offer services in the home, an alternative site
shall be provided for families desiring services but not home visits.
Vt. Stat. T. 16 § 4014
(a) The commissioner may grant funds for voluntary early education programs.
The funds may be used for personnel costs, training of parents and staff, materials
and educational equipment, and other costs related to early education programs.
(b) The commissioner shall solicit proposals for early education programs
from community organizations serving young children. . . .
(c) The commissioner also shall investigate to determine those areas which
are not served by early education programs and whose children
are in greatest need of such services. In those areas the commissioner shall
provide assistance in preparing proposals for grants. In conducting the investigation,
the commissioner shall collect and analyze demographic factors which are likely
to predict unusual community needs for early education services. The commissioner
shall distribute the results of the analysis to all interested persons.
. . . (e) The commissioner shall give preference to programs to be offered
in parts of the state which do not have early education services at the time
of the application.
Scope of State's Responsibility to Fund Preschool:
Public Preschool Partnerships
Vt. Stat. T. 16 § 829
The commissioner of education and the commissioner for children and families
shall jointly develop and agree to rules and present them to the state
board of education for adoption under chapter 25 of Title 3 as follows:
…
(5) To identify the services and other items for which state funds may
be expended when prekindergarten children are counted for purposes of
average daily membership,
such as tuition reduction, quality improvements, or professional development
for school staff or private providers.
Vt. Stat. T. 16 § 4001(1)
“
Average daily membership” of a school district, or if needed in order
to calculate the appropriate homestead tax rate, of the municipality as defined
in 32 V.S.A. § 5401(9), in any year means:
…
(C) The full time equivalent enrollment for each prekindergarten child as follows:
If a child is enrolled in 10 or more hours of prekindergarten education per
week or receives 10 or more hours of essential early education services per
week, the child shall be counted as one full time equivalent pupil. If a child
is enrolled in six or more but fewer than 10 hours of prekindergarten education
per week or if a child receives fewer than 10 hours of essential early education
services per week, the child shall be counted as a percentage of one full time
equivalent pupil, calculated as one multiplied by the number of hours per week
divided by ten. A child enrolled in prekindergarten education for fewer than
six hours per week shall not be included in the district’s
average daily membership. Although there is no limit on the total
number of children who
may be enrolled in prekindergarten education or who receive essential
early education services, the total number of prekindergarten children
that a district
may include within its average daily membership shall be limited
as follows:
(i) All children receiving essential early education
services may
be included.
(ii) Of the children enrolled in prekindergarten education who
are not receiving essential early education services, the greater
of
the following
may be included:
(I) ten children; or
(II) the number resulting from:
(aa) one plus the average annual percentage increase or decrease
in the district’s
first grade enrollment as counted in the census period
of the previous five years; multiplied by
(bb) the most immediately previous year’s first grade census count;
or
(III) the total number of four year olds in the district.
Vt. Stat. T. 16 § 4010
(a) On or before the first day of December during each
school year, the commissioner shall determine the
average daily
membership of
each school
district for
the current school year. The determination shall
list separately:
(1) Resident prekindergarten children…
(b) The commissioner shall determine the long-term membership
for each school district for each student group
described in subsection
(a)
of this section.
The commissioner shall use the actual average
daily membership over two consecutive years, the latter of which is the
current school
year.…
(c) The commissioner shall determine the weighted
long term membership for each school district
using the
long term membership
from
subsection (b) of
this section and the following weights for
each class:
Prekindergarten 0.46
Elementary or kindergarten 1.0
…
H.516
Sec. 162b. EARLY CHILDHOOD
EDUCATION SERVICES
(a) School
districts may offer early childhood education services through direct provision
of services, collaborative
programs, or direct contracting with other public or private providers, or
any combination of these, and a school district may obtain funding for these
services by counting resident early education pupils in its full-time equivalent
enrollment pursuant to Vermont State Board of Education Rule 9200.4, as in
effect on June 1, 2005…
State Board of Education Rule 9200.4
For early essential education/pre-kindergarten
pupils, the percentage of full-time equivalent enrollment shall be calculated
by applying the ratio of actual
hours such pupils are enrolled per week to 10 hours, and further multiplying
by 46 percent.
Early Education Initiative
Vt. Stat. T. 16 § 4014
(a) The commissioner may grant funds
for voluntary early education programs. The funds may be used for personnel
costs, training of parents and staff,
materials and educational equipment, and other costs related to early
education programs.
. . . (f) . . . Grants shall be
for one year but may be renewed. No grant may exceed $30,000.00. The commissioner
may, in his or her discretion,
set other
terms of the grant.
Source of Funding for Preschool Program:
Public Preschool Partnerships
Vt. Stat. T. 16 § 829
The commissioner of education and the commissioner for children and families
shall jointly develop and agree to rules and present them to the state
board of education for adoption under chapter 25 of Title 3 as follows:
…
(8) To require school districts to report to the departments their annual
expenditures made in support of prekindergarten care and education, with
distinct figures
provided for expenditures made from the general fund, from the education
fund, and from all other sources, which shall be specified.
Vt. Stat. T. 16 § 4001(1)
“Average daily membership” of a school district, or if needed in order
to calculate the appropriate homestead tax rate, of the municipality as defined
in 32 V.S.A. § 5401(9), in any year means:
…
(C) The full time equivalent enrollment for each prekindergarten child as follows:
If a child is enrolled in 10 or more hours of prekindergarten education per
week or receives 10 or more hours of essential early education services per
week, the child shall be counted as one full time equivalent pupil. If a child
is enrolled in six or more but fewer than 10 hours of prekindergarten education
per week or if a child receives fewer than 10 hours of essential early education
services per week, the child shall be counted as a percentage of one full time
equivalent pupil, calculated as one multiplied by the number of hours per week
divided by ten. A child enrolled in prekindergarten education for fewer than
six hours per week shall not be included in the district’s
average daily membership. Although there is no limit on the total
number of children who
may be enrolled in prekindergarten education or who receive essential
early education services, the total number of prekindergarten children
that a district
may include within its average daily membership shall be limited
as follows:
(i) All children receiving essential early education
services may
be included.
(ii) Of the children enrolled in prekindergarten education who
are not receiving essential early education services, the greater
of
the following
may be included:
(I) ten children; or
(II) the number resulting from:
(aa) one plus the average annual percentage increase or decrease
in the district’s
first grade enrollment as counted in the census period
of the previous five years; multiplied by
(bb) the most immediately previous year’s first grade census count;
or
(III) the total number of four year olds in the district.
H.516
Sec. 162b. EARLY CHILDHOOD
EDUCATION SERVICES
(a) School
districts may offer early childhood education services through direct provision
of services, collaborative
programs, or direct contracting with other public or private providers, or
any combination of these, and a school district may obtain funding for these
services by counting resident early education pupils in its full-time equivalent
enrollment pursuant to Vermont State Board of Education Rule 9200.4, as in
effect on June 1, 2005…
State Board of Education Rule 9200.4
For early essential education/pre-kindergarten pupils,
the percentage of full-time equivalent enrollment shall be calculated by applying
the ratio of actual
hours such pupils are enrolled per week to 10 hours, and further multiplying
by 46 percent.
Vermont
Department of Education, Public Preschool Partnerships
Vermont public schools have the option of providing early education services
to resident three- and four-year old children within the public school setting,
in collaboration with other qualified community programs, or both. Licensed
early educators provide children with developmentally appropriate learning
opportunities based on the Vermont Early Learning Standards. Public Preschool
Partnerships are supported by the Vermont Education Fund (a.k.a. ADM funding)
and administered by local school districts.
Note: Vermont
Lottery profits, nonresidential property taxes, sales taxes and general appropriations
support the Vermont Education Fund. See Overview
of Vermont’s Education Funding System, Vermont
Department of Education (2005).
Early Education Initiative
Vt. Stat. T. 16 § 4014
1. The commissioner may grant funds for voluntary
early education programs.
Scope of Child's Right to
Attend Preschool:
Vt. Stat. T. 16 § 1073(c)
An individual who is not a legal pupil may be enrolled in a public school
in a prekindergarten program offered by or through a public school pursuant
to rules adopted under section 829 of this title or in a program of essential
early education offered pursuant to section 2956 of this title.
2007 Act 62, § 13. Construction
Nothing in this act shall be construed to require a school district to
provide a prekindergarten education program.
Vt. Stat. T. 33 § 4702 (e). Nothing in this chapter [services
to children at risk of school failure] shall create an entitlement.
Curriculum Content Standards for Preschool Program:
Vt. Stat. T. 16 § 11 (a) (31)
"
Early childhood education,” “early education,” or “prekindergarten
education” means services designed to provide developmentally appropriate
early development and learning experiences based on Vermont’s early learning
standards to children who are three to four years of age and to five year old
children who are not eligible for or enrolled in kindergarten.
Vt. Code R. § 13 162 008 (I). [Early Childhood Program Licensing] Knowledge
about how children learn is the foundation of program design and curriculum.
A program's curriculum is developmentally appropriate when it stimulates learning
at both the developmental level of the group and the stage of development of
each individual child. Children should select and participate in activities
that are both challenging and geared for success. Learning programs should
be designed to provide a balance between individual and group needs, between
teacher-directed and child-selected activities, and between active and quiet
times. Program activities should include experiences designed to celebrate
the diversity of all children and families.
A. The Learning Environment
1. The program director shall manage the program design and curriculum to ensure
the provision of developmentally appropriate activities and materials.
2. The program and curriculum shall provide developmentally appropriate activities,
equipment and materials in sufficient quantity and variety to meet the needs
and interests of children being served.
The curriculum shall promote:
a. social skills (for example: opportunities for sharing, caring and helping);
b. positive self-concepts (for example: encouraging children to draw pictures
and tell stories about themselves and their families);
c. language and literacy (for example: reading books, songs, conversation,
story telling, scribbling and drawing);
d. physical development in both indoor and outdoor settings, strengthening
large and small muscles and encouraging eye-hand coordination, body awareness,
rhythm, and movement (for example: finger plays, obstacle courses and puzzles);
e. sound health, safety and nutritional practices in the daily routine (for
example: handwashing and giving opportunities to help prepare and serve food);
and
f. creative expression and appreciation for the arts (for example: creating
art work as process rather than product, dance, movement, dramatic play, music
and materials that represent a variety of cultures).
3. The program and curriculum shall provide:
a. individual, small group and large group activities;
b. children with many opportunities for success through open-ended activities
(for example: blocks, play dough and sand/ water) and praising effort, not
just results;
c. an environment of respect for individual and cultural diversity (for example:
acknowledging and respecting each child's unique qualities and integrating
positive cultural experiences into daily activities); and
d. opportunities for children to solve problems, initiate activities, experiment
and gain mastery through learning by doing.
4. Children shall be provided with opportunities to explore science, dramatic
play, music, language arts and mathematical concepts.
5. There shall be a balance between staff-directed and child-initiated activities.
Staff voices shall not dominate the overall sound of the group.…
B. Program Planning
1. The program shall be designed to meet the strengths, interests and needs
of each child.
2. The program and curriculum shall provide
all children enrolled in the program equal opportunity to participate in
all activities appropriate to their age/
development….
Vermont Early Learning Standards
The following eight domains are included in the standards:
I. Approaches to Learning
II. Social and Emotional Development
III. Language, Literacy and Communication
IV. Mathematics
V. Science
VI. Social Studies
VII. Creative Expression
VIII. Physical Development and Health
Sample:
6. Early Reading
Children demonstrate an interest in:
A. Phonemic and Phonological Awareness
Learning that language is comprised of distinct sounds and the combination
of these sounds; discriminating sound and sound patterns.
Examples-
a. Show increasing ability to discriminate and identify the sounds of language.
b. Demonstrate growing awareness of the beginning sounds of words.
c. Show growing ability to hear and discriminate separate syllables in words.
d. Begin to associate sounds with words.
e. Recognize and generate rhymes.
Teacher Certification/Qualification Standards for Preschool Program:
Public Preschool Partnerships
Vt. Stat. T. 16 § 829
The commissioner of education and the commissioner for children and families
shall jointly develop and agree to rules and present them to the state
board of education for adoption under chapter 25 of Title 3 as follows:
…
(10) To establish the minimum quality standards necessary for a district to
include prekindergarten children within its average daily membership. At a
minimum, the standards shall include the following requirements:
…
(B) A licensed center shall employ or contract for the services of
at least one teacher who is licensed and endorsed in early childhood
education or in
early childhood special education under chapter 51 of this title; and
(C) A registered home shall receive regular, active supervision and
training from a teacher who is licensed and endorsed in early childhood
education
or in early childhood special education under chapter 51 of this
title.
Vt. Code R. § 13 162 008. [Early Childhood Program Licensing]
A. Qualifications
1. Staff who are employed at a licensed program prior to the effective date
of these rules may continue their current position at that program providing
they obtain annually a minimum of 12 (clock) hours of professional development
activities which may be applied toward their Individual Professional Development
Plan (IPDP).
2. All staff members who work with children shall have a basic knowledge
of child development principles appropriate for their position.
3. All staff counted in the staff/child ratio shall meet the qualifications
for one of the following positions:
Position: Master Teacher
Qualifications: Master's degree in early childhood or in human/child development
or a related field and a minimum of two years (may be school years of experience
if the experience is in a school) successful experience with the ages of
children specified by the terms of the license or appropriate licensure
from the Vermont
Department of Education.
Annual Professional Development Requirement: Minimum of 12 (clock) hours
of Professional Development Activities which may be applied toward meeting
the
Master Teacher's Individual Professional Development Plan (IPDP), as
defined by the Department of Social and Rehabilitation Services, the Local
Standards
Board or the Professional Standards Board of the Department of Education.
Position: Teacher
Qualifications: Bachelor's degree in early childhood or human/child
development or a related field; which includes one year (may be school
year of experience
if the experience is in a school) of successful experience with the
ages of children specified by the terms of the license or appropriate
licensure
from
the Vermont Department of Education.
Annual Professional Development Requirement: Minimum of 12 (clock)
hours of Professional Development Activities which may be applied
toward meeting
the
Teacher's Individual Professional Development Plan (IPDP), as defined
by the Department of Social and Rehabilitation Services, the Local
Standards Board,
or the Professional Standards Board of the Department of Education.
Position: Teaching Associate
Qualifications: Associate Degree in early childhood or human/child
development or related field; or Child Development Associate
(CDA); or child care
certificate from Community College of Vermont and two (2) years
of successful experience
with groups of young children; or child care professional certification
certificate of completion from a human services program emphasizing
child development/early
childhood education and approved by the State Board of Education;
or three years of successful experience with groups of children
and successful
completion
of four higher-education courses (minimum 12 credits) in topics
related to early childhood education; or obtained a Certificate
of Completion
from the
Registered Child Care Apprenticeship Program.
Annual Professional Development Requirement: Minimum of 12
(clock) hours of Professional Development Activities, which
may be applied
toward meeting
the
Teaching Associate's Individual Professional Development
Plan (IPDP).
Position: Teaching Assistant
Qualifications: High school diploma or equivalent, at
least 18 years of age and completion of a 30 hour course
in child
development
approved
by
the Division,
or one higher education course (minimum 3 credits) in
early childhood development to be successfully completed
within
one year of employment.
Annual Professional Development Requirement: Minimum
of 12 (clock) hours of Professional Development Activities,
which
may be applied
toward meeting
the
Teaching Assistant's Individual Professional Development
Plan (IPDP).
Position: Trainee
Qualifications: At least 17 years of age and enrolled
in or graduated from a human services program that
emphasizes child
development
at a technical
center approved by the State Board of Education.
B. Staffing
1. Each program shall have a program director who is present more than half
of the time children are present.
2. A Master Teacher, Teacher, or Teaching Associate shall be present and working
with children the majority of the time children are present.
3. A Teaching Assistant must be supervised by a Master Teacher, Teacher, or
Teaching Associate until they have completed a probation period of not less
than 90 days.
4. All staff counted in the staff/child ratios shall be at least 18 years of
age or must qualify as a Trainee as described in Section A Qualifications
above.
… 6. A Teaching Assistant must be supervised
by a person who is qualified as a Master Teacher, Teacher, or Teaching Associate.
A Teaching Assistant may
not supervise a Trainee.
Note: Vermont’s standards for teacher qualifications
apply equally to licensed childcare centers and preschool programs operated
by public and
private schools. See following definition of "EARLY CHILDHOOD PROGRAM" in VT
ADC 13 162 008: "The developmentally appropriate care, education,
protection and supervision which is designed to ensure wholesome growth and
educational experiences for children outside of their home for periods of less
than 24 hours a day. Preschool programs sponsored by public and private schools
are also early childhood programs."
Other Quality Standards for Preschool Program:
Public Preschool Partnerships
Vt. Stat. T. 16 § 829
The commissioner of education and the commissioner for children and families
shall jointly develop and agree to rules and present them to the state
board of education for adoption under chapter 25 of Title 3 as follows:
…
(3) To require that the school district provides opportunities for effective
parental participation in the prekindergarten education program.
…
(5) To identify the services and other items for which state funds may be expended
when prekindergarten children are counted for purposes of average daily membership,
such as tuition reduction, quality improvements, or professional development
for school staff or private providers.
…
(10) To establish the minimum quality standards necessary for a district
to include prekindergarten children within its average daily membership.
At a
minimum, the standards shall include the following requirements:
(A) A provider must have received:
(i) National Association for the Education of Young Children (NAEYC)
accreditation; or
(ii) At least four stars in the department for children and families
STARS system with at least two points in each of the five arenas;
or
(iii) Three stars in the STARS system if the provider has developed
a plan, approved by the commissioner for children and families
and the
commissioner
of education, to achieve four or more stars within three
years with at least two points in each of the five arenas, and the
provider has met
intermediate milestones;…
Vt. Stat. T. 33 § 3502
(a) Unless exempted under subsection (b) of this section,
a person shall not operate a child care facility without
a license,
or
operate a family
day care
home without registration from the department. All prekindergarten
programs, regardless of whether they are located in a
public school or a private
facility, shall be licensed by the department.…
(b) The following persons are exempted from the provisions
of subsection (a) of this section:
…
(3) Child care facilities operated by religious organizations for the care
and supervision of children during or in connection with religious services
or church sponsored activities.
Vt. Code R. § 13 162 008 [Early Childhood Program Licensing]
I.... C. Interactions
Among Children and Adults.
1. Each child shall be assigned a primary staff person.
2. Each child shall be treated with consideration and respect, and with equal
opportunities to take part in all developmentally appropriate activities.
3. Staff shall appropriately hold, touch and smile at children.
4. Staff shall speak clearly to children at their eye level.
5. Staff shall be available and responsive to children, encouraging them to
share experiences, ideas and feelings. At least one adult shall sit with
children during meals and snacks.
6. Staff shall listen to children with attention and respect.
7. Children shall be attended to when they cry.
8. Nurturing activities performed by the staff, including diapering, toileting,
feeding, dressing and resting shall be performed in consideration of the
parents' own nurturing practices when developmentally appropriate and would
not constitute a violation of these regulations. These activities shall be
performed in a relaxed, reassuring and individualized manner which is developmentally
appropriate and promotes the child's learning self-help and social skills.
9. Profanity and obscene language shall not be used.
D. Supervision
1. Each child shall be visually supervised at all times in person by staff
(except sleeping infants who are subject to in-person checks every 15 minutes
- see V.D.3). Children must be visually supervised while napping/resting.
2. Outdoor play areas shall be under the supervision of staff interacting with
the children.
3. Children shall be protected from the harmful acts of other children.
Note: Be mindful to supervise lofts, playhouses and other locations carefully
when it is difficult to visually supervise children. Inadequate supervision
is a leading factor contributing to accidents, injuries and inappropriate touching
among children.
E. Staff/Child Ratios
1. In determining the staff/child ratios, only those staff members working
directly with the children a minimum of 90% of their assigned duty time shall
be counted. (These staff members shall only be counted when they are readily
available on the premises.) Program administrators may be counted in the
staff/child ratio only when they are working directly with children.
2. All children present and being cared for at the program shall be included
in determining the staff/child ratio.
3. When more than six (6) children are present there shall be a designated
adult on premises within hearing distance (not telephone) to assist the staff
in an emergency. Programs licensed to provide Part Day Early Childhood Programs
prior to effective date of these Regulations are exempt from this requirement
until June 30, 2003.
4. The following group sizes and staff/child ratios apply to all programs:
| Children's Ages |
Maximum in Group |
Staff: Child |
| . . . |
|
|
| 3 years - kindergarten |
20 |
1:10 |
5.
A group may consist of mixed ages. The age of the youngest child in the group
is used to determine the maximum number of children in the group and
the proper staff to child ratio for mixed age groups as listed in subsection
4 above.
F. Observation and Assessment.
. . . 2. The child's parents, and at the parents' choice, representatives
from other agencies/programs providing services to the child, shall have opportunities
to contribute to the individualized program for that child.
G. Guidance and Discipline
1. Staff's expectations of children's social behavior shall be appropriate
to each child's level of development. Guidance shall be designed to meet the
individual needs of each child.
2. Staff shall use positive methods of guidance and discipline that encourage
self-control, self-direction, self-esteem and cooperation (for example, redirection,
planning ahead to prevent problems, reinforcing and praising appropriate behavior
and encouraging children to express their feelings and ideas instead of solving
problems with force).
3. Derogatory or humiliating remarks made by staff in presence of children
or families are prohibited.
4. No employee, volunteer or parent shall use any form of inappropriate discipline
or corporal punishment such as, but not limited to:
a. hitting, shaking, biting, pinching;
b. restricting a child's movements through binding, tying, or use of any
other mechanical restraint;
c. withholding food, water, or toilet use;
d. confining a child in an enclosed or darkened area, such as a closet or
a locked room; or
e. inflicting mental or emotional punishment such as humiliating, shaming,
threatening, or frightening a child.
. . . IV. Parents play the primary, critical role in supporting
their children's growth and development. Effective early childhood programs
include parents as partners in the planning, implementation, and evaluation
of day-to-day activities. Programs build and support this partnership. - They
provide continuity and consistency with children's home lives when they offer
a variety of meaningful opportunities for parents to participate and when they
communicate regularly with parents and others who are significantly involved
with the children.
Practices are family-centered when they show respect for the family's role
in children's lives and acknowledge the impact of parents and other family
members as children's first and most influential teachers.
Effective programs acknowledge and accommodate, as much as possible, the diversity
in today's family structures and backgrounds. Program staff invite parents
to approach them with any concerns or suggestions. Confidentiality is always
respected.
1. There shall be a process of orienting children and parents to the program
which offers parent orientation, pre-enrollment visit and a gradual
introduction of children to the program.
2. Parents shall have unlimited access without delay to their child and the
staff person primarily involved with the child whenever their child is present
at the program.
3. Staff shall encourage parents to become involved in the program and to
spend periods of time at the facility interacting with their child.
4. Parent conferences shall be offered at least twice a year to discuss children's
progress, accomplishments and issues at home which impact the child at the
program. The staff person primarily involved with the child shall be present
during the conference. Parents' reasonable requests for additional conference(s)
shall be honored within 7 days.
5. The program shall encourage and facilitate two-way communication between
staff and parents that provides information to parents about their child, the
program, policies, resources and concerns.
6. The program may offer parents opportunities to be involved in:
a. experiences and activities that enhance their skills, self-confidence
and sense of independence in providing an environment where their child can
develop to their full potential.
b. experiences in child growth and development that will strengthen their
role as the primary influence in their children's lives.
c. ways of providing educational and developmental activities in the program.
d. identifying and using family and community resources.
Note: Vermont’s
standards for program quality apply equally to licensed childcare centers and
preschool programs operated by public and private schools. See definition of "EARLY
CHILDHOOD PROGRAM" in VT ADC 13 162 008 - "The developmentally
appropriate care, education, protection and supervision which is designed to
ensure wholesome growth and educational experiences for children outside of
their home for periods of less than 24 hours a day. Preschool programs sponsored
by public and private schools are also early childhood programs."
Early Education Initiative
Vt. Stat. T. 33 § 4014 (d). The commissioner shall evaluate
proposals [for early education programs] based on the following criteria:
(1) The program will serve additional children with special needs, such as
those who are economically disadvantaged, those who have limited English language
skills, those with handicapping conditions or those who have suffered from
or are at risk of, abuse or neglect.
(2) The program will rely on early screening of children's development to
determine need.
(3) The program will provide experiential learning activities which are developmentally
appropriate for three and four-year olds. Such activities may be provided in
home or group settings or a combination of the two.
(4) The program will include active parental involvement in program design
and in making decisions about services.
(5) The program has been cooperatively developed by community and school
organizations that serve young children in a town or group of towns.
(6) There is a demonstrated need for the program.
(7) The program considers the transportation needs of children and parents.
(8) The program enables children with handicapping conditions to be served
in settings with their nonhandicapped peers.
(9) The program includes voluntary training for parents.
Delivery of Preschool
Services:
Public Preschool Partnerships
Vt. Stat. T. 16 § 829
The commissioner of education and the commissioner for children and families
shall jointly develop and agree to rules and present them to the state
board of education for adoption under chapter 25 of Title 3 as follows:
(1) To ensure that, before a school district begins or expands a prekindergarten
education program that intends to enroll students who are included in
its average daily membership, the district engage the community in a collaborative
process
that includes an assessment of the need for the program in the community
and an inventory of the existing service providers.
(2) To ensure that, if a school district begins or expands a prekindergarten
education program that intends to include any of the students in its
average daily membership, the district shall use existing qualified
service providers
to the extent that existing qualified service providers have the capacity
to meet the district’s needs effectively and efficiently.
…
(4) To establish a process by which a parent or guardian residing
in the district or a provider, or both, may request a school district
to enter into a contract
with a provider located in or outside the district.
Vt. Stat. T. 33 § 3502
(a) Unless exempted under subsection (b) of this section, a person
shall not operate a child care facility without a license, or
operate a family
day care
home without registration from the department. All prekindergarten
programs, regardless of whether they are located in a public
school or a private
facility, shall be licensed by the department.…
(b) The following persons are exempted from the provisions of
subsection (a) of this section:
…
(3) Child care facilities operated by religious organizations
for the care and supervision of children during or in connection
with religious services
or church sponsored activities.
H.516
Sec. 162b. EARLY CHILDHOOD EDUCATION SERVICES
(a) School districts may offer early childhood education
services through direct provision of services, collaborative
programs,
or direct contracting
with other
public or private providers, or any combination of
these, and a school district may obtain funding for these services
by
counting resident
early education
pupils in its full-time equivalent enrollment pursuant
to Vermont State Board of Education Rule 9200.4, as in effect
on June
1, 2005.
School
districts are encouraged to collaborate or contract
with existing public and qualified
private
early education service providers.
Act No. 186 [S.314]
Sec. 1. Prekindergarten Education Study Committee
(a) There is created a prekindergarten education
study committee …
(b) The committee shall, at a minimum, gather the following information:
(1) How many private and public or publicly funded prekindergarten education
services currently exist in Vermont.
(2) What kinds of services and educational programs are offered by existing
prekindergarten education programs.
(3) The costs of existing prekindergarten education programs and how they
are funded.
(4) Current department of education and agency of human services standards
for prekindergarten education facilities.
(c) The committee shall, at a minimum, study and make findings regarding:
(1) What the research says about the effects of prekindergarten education.
(2) Whether prekindergarten education services should be offered at public
expense and, if so:
(A) whether services should be provided by public schools, private providers,
or both;
(B) the estimated costs of providing public prekindergarten programs and what
public monies should be used to support them;
(C) what would be the mechanism for dispersing these monies; and
(D) what state agency or agencies should have responsibility for developing
standards regarding the quality and content of prekindergarten education programs
and for determining educator qualifications, and whether standards for public
schools should differ from those for private providers.
(3) Which groups of children benefit academically and socially from receiving
prekindergarten educational services.
(4) Whether all groups of prekindergarten children benefit from an inclusionary
educational environment.
(5) Whether enrollment in a prekindergarten education program should be voluntary.
(6) Whether participation may take place outside the district of residence.
(7) Whether a community should conduct a needs assessment before starting
or expanding a program, and if so, how private providers and school districts
should be involved in the assessment.
(8) Whether publicly funded early education services are an effective economic
development strategy.
(d) On or before January 30, 2007, the committee shall present the information
it has gathered, its findings, and its recommendations to the senate and house
committees on education, the senate committee on health and welfare, and the
house committee on human services.
2007 Act 62, § 12. Prekindergarten Education Study Committee
(a) The prekindergarten education study committee created in Sec. 1 of No.
186 of the Acts of the 2005 Adj. Sess. (2006) shall continue its existence
and composition until March 1, 2008 to:
(1) analyze additional financial data;
(2) receive periodic reports from the commissioner of education and the
commissioner for children and families regarding implementation of
this act, particularly
the rulemaking required in Sec. 2 of this act;
(3) propose legislation to the general assembly as the committee deems
necessary. …
Early Education Initiative
Vt. Stat. T. 16 § 4014 (b). Community organizations [from whom the
commissioner shall solicit proposals for grants for early education programs]
include school districts, other public agencies, including Head Start programs
and private agencies, including child care programs and parent-child centers.
Requirements for Student
Assessment and Program Evaluation:
Vt. Stat. T. 16 § 829
The commissioner of education and the commissioner for children and families
shall jointly develop and agree to rules and present them to the state board
of education for adoption under chapter 25 of Title 3 as follows:
… (11) To establish a process for documenting the progress of children
enrolled in prekindergarten programs and to require public and private providers
to use
the process to collect and report child progress data to the commissioner of
education on an annual basis.
Vt. Code R. § 13 162 008
(I) F [Early Childhood Program Licensing]
Note: Assessment helps shape teaching practice, supports children's strengths
and abilities and is respectful of the many ways that children learn.
1. There shall be documented evidence of continuing observation, recording
and evaluation of each child's growth and development. . . .
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