State Preschool Program

Overview

West Virginia has funded a preschool program for three-and four-year-olds since 1983. In 2002, the state enacted legislation to phase in a high quality, universal preschool program for all four-year-olds by the 2012-2013 school year. The new program is primarily funded through the school finance formula. At least fifty percent of classrooms must be in private childcare, preschool or Head Start programs operating under contract with a county school district. These private programs must meet all of the state’s quality standards. According to the National Institute for Early Education Research, West Virginia served 40% of all four-year-olds in its state preschool program during the 2005-2006 school year, up from 35% the previous year.

State Policy

The legislation implementing the state prekindergarten program acknowledges the importance of universal preschool education and the role it can play in improving school readiness and performance, decreasing behavioral problems, and decreasing the need for remedial assistance in later years. The statute also makes an explicit finding about the potential harm of low quality preschool programs, particularly for at-risk children.

Eligibility Criteria

Prior to 2004, state-funded programs were permitted to serve three- and four-year-olds. However, eligibility under the new universal program is now limited to four-year-olds. There are no further qualifying criteria as the program moves toward universal enrollment. All county boards of education are required to provide a program for every four-year-old by no later than the 2012-2013 school year.

Program Length/Duration

The prekindergarten program must meet at least twelve hours per week, but no more than thirty hours per week, during the school year calendar. The program must meet at least 108 days a year, or three days a week.

Funding

West Virginia’s preschool program is funded primarily through the state aid formula. County school boards are expected to leverage other funding sources as well, including Head Start funds, and other public and private sources. The preschool program is provided at no cost to families. In addition to school finance aid, West Virginia provides state funding for remedial and preventive programs for school districts with high percentages of at-risk children. This funding may be applied to support preschool programs.

County school boards are required to develop and implement a plan to provide prekindergarten to all four-year-olds, and the plan must provide for universal enrollment by 2012-2013. However, implementation of the county plan may be waived by the state board of education due to insufficient facilities or funds to operate the preschool program.

Quality Standards

In a national survey of quality standards, the National Institute for Early Education Research (NIEER) gave West Virginia's preschool program a rating of seven out of ten. The state has recently adopted comprehensive curriculum standards for preschool programs covering the areas of social and emotional development, the arts, physical health and development, language and literacy, mathematics and science. The state's teacher certification standards require a bachelor’s degree and specialization in early childhood, although teachers in non-school-district settings need only have an associate’s degree and be working towards their bachelor’s, falling short of NIEER’s benchmark. Also, West Virginia does not require teacher assistants to have a CDA or other certification as recommended by NIEER. West Virginia requires a staff-child ratio of 1:10 and a maximum class size of 20. The state still does not have meal requirements that meet NIEER’s quality benchmark.

Delivery of Preschool Services

West Virginia’s preschool program is funded through the public education system, but delivered in both public schools and private and public childcare programs. The state puts a strong emphasis on collaboration between county school boards and private providers and Head Start. It requires at least fifty percent of classrooms in a given county to be in a community childcare, preschool or Head Start program under a contractual agreement between the county school district and the community program. County school districts are directed to explore all feasible supports to enable community partners to participate, including providing certified teachers in such programs. All providers must meet the same quality standards.

Requirements for Student Assessment and Program Evaluation

Programs must evaluate their program using the Early Childhood Environment Rating Scale (ECERS) on an annual basis. Outside evaluators will be brought in at least once every five years.  The state department of education is also required to develop and institute a system of longitudinal, scientific-based research to track learner outcomes, family satisfaction, and program continuity.

Legal Framework

Education Clause in State Constitution

The West Virginia constitution states that the legislature shall provide for a thorough and efficient system of free schools.

Summary of Case Law on School Finance System

In the 1979 case Pauley v. Kelly, the West Virginia Supreme Court of Appeals held that education is a fundamental right and found that the education financing system was unconstitutional. In subsequent proceedings, the trial court required the state to develop and implement a detailed master plan for education reform. Plaintiffs returned to court in 1995, alleging that the state had failed to implement most of the 1982 plan, as ordered by the court. In Tomblin v. State Board of Education, the circuit court held that the state still did not provide a "thorough and efficient" system of education, as required by the state constitution. Subsequently, the legislature revised the system more substantially than it had in the 1980s. As a result, in 2003, the circuit court ended its jurisdiction over the state’s long-standing school funding litigation. In essence, the decision stated that the court must step back and give the legislature time to see if its reforms work.

Summary of Case Law on Preschool:

Cases have not addressed preschool issues.

Constitutional Provisions on Public Education

W. Va. Const. Art. XII, § 1

The legislature shall provide, by general law, for a thorough and efficient system of free schools.

W. Va. Const. Art. XII, § 5

The legislature shall provide for the support of free schools by appropriating thereto the interest of the invested "school fund," the net proceeds of all forfeitures and fines accruing to this State under the laws thereof and by general taxation of persons and property or otherwise. It shall also provide for raising in each county or district, by the authority of the people thereof, such a proportion of the amount required for the support of free schools therein as shall be prescribed by general laws.

W. Va. Const. Art. XII, § 12

The legislature shall foster and encourage, moral, intellectual, scientific and agricultural improvement; it shall, whenever it may be practicable, make suitable provision for the blind, mute and insane, and for the organization of such institutions of learning as the best interests of general education in the State may demand.

Case Law on the Right to Public Education and Preschool

Is Education a Fundamental Right under the State Constitution?

"[T]he mandatory requirement of ‘a thorough and efficient system of free schools,’ found in Article XII, Section 1 of our Constitution, demonstrates that education is a fundamental constitutional right in this State." Pauley v. Kelly, 162 W.Va. 672, 707, 255 S.E.2d 859, 878 (1979).

School Finance Cases in Favor of Plaintiffs:

Pauley v. Kelly, 162 W.Va. 672, 255 S.E.2d 859 (1979)

Plaintiff parents of students in low-wealth Lincoln County claimed the state school funding system violated their rights under the equal protection and education clauses of the state constitution. With respect to the equal protection claim, the Supreme Court of Appeals of West Virginia held that education is a fundamental right under the state constitution, and therefore "any discriminatory classification found in the educational financing system" could be upheld only if justified by a compelling state interest. With respect to the education clause claim, the Court held that the legal requirements of a "thorough and efficient" system of education required the state to develop standards for high-quality education. The Court remanded for further findings in accordance with such standards, but anticipated the remand court’s findings by stating: "[G]iven the legally recognized components of thorough and efficient school systems, it is obvious from the circuit court's findings about Lincoln County schools that they are, to say the least, woefully inadequate by those standards, and we would frankly be surprised if the school system will meet any thorough and efficient standard that may be developed on the remand." 162 W.Va. at 707-08, 255 S.E.2d at 878.

Pauley v. Bailey, 174 W. Va. 167; 324 S.E.2d 128 (1984)

In a 1982 ruling on remand from the Supreme Court of Appeals, the trial court found the public education system and its funding mechanism unconstitutional. The trial court required the state to develop and implement a detailed master plan for reform. In the 1984 ruling in Pauley v. Bailey, the Supreme Court of Appeals affirmed this decision and remanded the case back to the Circuit Court of Kanawha County for further monitoring of the implementation of the master plan. The legislature responded by altering the funding formula, defining school standards, and enacting accountability measures.

Tomblin v. State Board of Education, Circuit Court of Kanawha County (1996)

Plaintiffs returned to court in 1995, alleging that the state had failed to implement most of the 1982 plan, as ordered by the court. The circuit court held that the state still did not provide a "thorough and efficient" system of education, as required by the state constitution. Subsequently, the legislature revised the system more substantially than it had in the 1980s. This led to the 2003 decision in Tomblin v. State Board of Education, discussed below.

Standard for a Constitutionally Adequate Education:

Pauley v. Kelly, 162 W.Va. 672, 705-06, 255 S.E.2d 859, 875 (1979).

"We may now define a thorough and efficient system of schools: It develops, as best the state of education expertise allows, the minds, bodies and social morality of its charges to prepare them for useful and happy occupations, recreation and citizenship, and does so economically.

Legally recognized elements in this definition are development in every child to his or her capacity of (1) literacy; (2) ability to add, subtract, multiply and divide numbers; (3) knowledge of government to the extent that the child will be equipped as a citizen to make informed choices among persons and issues that affect his own governance; (4) self-knowledge and knowledge of his or her total environment to allow the child to intelligently choose life work to know his or her options; (5) work-training and advanced academic training as the child may intelligently choose; (6) recreational pursuits; (7) interests in all creative arts, such as music, theatre, literature, and the visual arts; (8) social ethics, both behavioral and abstract, to facilitate compatibility with others in this society.

Implicit are supportive services: (1) good physical facilities, instructional materials and personnel; (2) careful state and local supervision to prevent waste and to monitor pupil, teacher and administrative competency."

School Finance Cases against Plaintiffs:

Tomblin v. State Board of Education, Circuit Court of Kanawha County, West Virginia, Civil Action No. 75-1268 (unpublished decision Jan. 3, 2003)

The Circuit Court found that the legislature had "addressed the underpinnings of an adequate and equal education opportunity by establishing educational standards and performance measures as well as the method of assessing that performance in terms of its success and/or failure, with the understanding that if there are deficiencies and failures, resources will then be targeted specifically to correct those deficiencies and failures." Accordingly, the court dismissed the case and ended its jurisdiction over the state’s long-standing school funding litigation. While ending jurisdiction, the opinion noted, "[t]his court will not hesitate to intervene in the future, if it becomes necessary to assure that children of West Virginia are afforded their constitutional and statutory rights."

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

West Virginia Code (W. Va. Code) § 18-2-36, Programs to strengthen student learning ability

West Virginia Code (W. Va. Code) § 18-5-18, Kindergarten programs

West Virginia Code (W. Va. Code) § 18-5-44, Early childhood education programs

West Virginia Code of State Rules (W. Va. C.S.R.) § 126-28-1 et seq., Universal Access to Early Education System

West Virginia Code of State Rules (W. Va. C.S.R.) § 126-208-1 et seq., Programs to strengthen student learning ability

West Virginia Code of State Rules (W. Va. C.S.R.) §126-44O-1 et seq., Early Learning Standards Framework: Content Standards and Learning Criteria for West Virginia Pre-Kindergarten

Provisions Expressing State Policy on Preschool:

W. Va. Code § 18-5-44 (b).

(1) Among other positive outcomes, early childhood education programs have been determined to:

(A) Improve overall readiness when children enter school;

(B) Decrease behavioral problems;

(C) Improve student attendance;

(D) Increase scores on achievement tests;

(E) Decrease the percentage of students repeating a grade; and

(F) Decrease the number of students placed in special education programs.

(2) Quality early childhood education programs improve school performance and low-quality early childhood education programs may have negative effects, especially for at-risk children;

. . . (11) West Virginia citizens will benefit from the establishment of quality comprehensive early childhood education programs.

Eligibility Criteria for State Preschool Program:

W. Va. Code § 18-5-44.

(a) . . . children who have attained the age of four prior to the first day of September of the school year in which the pupil enters the program created in this section.

. . . (c) Beginning no later than the school year two thousand twelve - two thousand thirteen, and continuing thereafter, county boards shall provide early childhood education programs for all children who have attained the age of four prior to the first day of September of the school year in which the pupil enters the early childhood education program.

. . . (o) During or after the school year beginning in two thousand four, and except as may be required by federal law or regulation, no county shall enroll students who will be less than four years of age prior to the first day of September for the year they enter school.

Program Length/Duration:

W. Va. Code § 18-5-44 (d). The program shall meet the following criteria:

. . . (2) It may be for fewer than five days per week and may be less than full day.

W. Va. C.S.R. § 126-28-3.

3.18. Program availability means offering each preschool class a minimum of 12 hours per week. Beginning July 1, 2008, classrooms cannot operate for more than 30 hours per week during the school year calendar and must be offered no less than 108 instructional days per school year. Up to six of those 108 days may be used for home visits/parent conferences.

Scope of State’s Responsibility to Provide Preschool:

W. Va. Code, § 18-5-44.

. . . (c) Beginning no later than the school year two thousand twelve - two thousand thirteen, and continuing thereafter, county boards shall provide early childhood education programs for all children who have attained the age of four prior to the first day of September of the school year in which the pupil enters the early childhood education program.

. . . (g) Prior to the school year beginning two thousand three, each county shall develop a plan for implementing the program required by this section. . . .

. . . (k) Commencing with the school year beginning on the first day of July, two thousand four, and thereafter, no county board may increase the total number of students enrolled in the county in an early childhood program until its program is approved by the secretary of the department of health and human resources and the state board has been granted.

... (l) The state board annually may grant a county board a waiver for total or partial implementation if the state board finds that all of the following conditions exist:

(1) The county board is unable to comply either because:

(A) It does not have sufficient facilities available; or

(B) It does not and has not had available funds sufficient to implement the program;

(2) The county has not experienced a decline in enrollment at least equal to the total number of students to be enrolled; and

(3) Other agencies of government have not made sufficient funds or facilities available to assist in implementation. . .

Scope of State's Responsibility to Fund Preschool:

W. Va. Code, § 18-5-44. Early childhood education programs

. . . (f) For the purposes of implementation financing, all counties are encouraged to make use of funds from existing sources, including:

(1) Federal funds provided under the Elementary and Secondary Education Act pursuant to 20 U.S.C. § 6301, et seq.;

(2) Federal funds provided for head start pursuant to 42 U.S.C. § 9831, et seq.;

(3) Federal funds for temporary assistance to needy families pursuant to 42 U.S.C. § 601, et seq.;

(4) Funds provided by the school building authority pursuant to article nine-d of this chapter;

(5) In the case of counties with declining enrollments, funds from the state aid formula above the amount indicated for the number of students actually enrolled in any school year; and

(6) Any other public or private funds.

(g) Prior to the school year beginning two thousand three, each county shall develop a plan for implementing the program required by this section. The plan shall include the following elements:

. . . (3) Financial requirements for implementation and potential sources of funding to assist implementation;

W.Va. C.S.R. § 126-28-15. Financing.

    15.1.  Neither the [West Virginia Board of Education] nor the [West Virginia Department of Education] may provide any funds to any county for the purpose of implementing this policy unless the county has an approved plan as outlined herein.

…15.3. Each LEA shall enroll Pre-k children in community classrooms and generate funding through the school aid funding formula according to the process and criteria established in the May 10, 2005 WV State Superintendent’s Guidance document. Funding generated through community classrooms should be invested in providing quality early education services and local infrastructure to support WV Pre-k classrooms.

15.4. In addition to the resources brought to a pre-k collaboration, community programs participating as partners shall continue using federal and state funding available for these services such as Head Start and Child Care Development Fund monies supporting eligible children.

15.5. WV Pre-k classrooms that provide services to eligible children that can be counted in the county school aid funding formula, must be provide those services at no cost to the parent/guardian of the children, including all instructional activities and field trips.

15.6. In child care, pre-k is an enhancement to the regular program during the designated pre-kindergarten hours. Since pre-k under this policy is part of a free public education, parents/guardians shall not be charged additional costs for the enhancement and beginning July 1, 2008 shall be offered a reduction in a child care tuition during the designated pre-kindergarten hours. Support for child care centers to offer reduced tuition shall be a part of the contract between the center and LEA.

15.7. The LEA shall provide sufficient assistance/funding to a collaborative community partner to enable the partner to offer services that meet this policy at no cost to parents and at no deficit to the program. In calculating costs and resources, the county collaborative team should consider a number of issues and cost, such as personnel, facility, materials and furniture, current budgets, needed improvements, and professional development.

W. Va. Code, § 18-2-36. Programs to strengthen student learning ability.

(a) The Legislature finds that schools that have implemented programs to strengthen student learning ability are reporting statistically significant improvement in the statewide test scores in reading, language and math of students referred to the programs. Therefore, it is the intent of the Legislature through this section to establish a more formal method to fund programs that strengthen student learning ability.

…(d) A school is eligible to receive an award of funds appropriated for the purposes of this section for the implementation of an early childhood system to strengthen student learning abilities . . .

(e) All the funds appropriated for the purposes of this section shall be distributed to schools based upon need as determined by the state board. In determining need, the state board may consider such things as the assessment test scores of the students, percentage of students who are enrolled in special education programs, dropout rates, attendance rates, the number of at-risk students, monetary and in-kind resources available from other sources that will be committed to the program and any other indicators the state board determines appropriate.…

... (g) Nothing in this section requires any specific level of funding by the Legislature.

Source of Funding for Preschool Program:

W. Va. Code, § 18-5-44. Early childhood education programs

. . . (f) For the purposes of implementation financing, all counties are encouraged to make use of funds from existing sources, including ….

(1) Federal funds provided under the Elementary and Secondary Education Act pursuant to 20 U.S.C. § 6301, et seq.;

(2) Federal funds provided for head start pursuant to 42 U.S.C. § 9831, et seq.;

(3) Federal funds for temporary assistance to needy families pursuant to 42 U.S.C. § 601, et seq.;

(4) Funds provided by the school building authority pursuant to article nine-d of this chapter;

(5) In the case of counties with declining enrollments, funds from the state aid formula above the amount indicated for the number of students actually enrolled in any school year; and

(6) Any other public or private funds.

W.Va. C.S.R. § 126-28-3. Definitions.

    3.3.  Approved funding sources means any funds used directly to support WV Pre-k classrooms for eligible children including West Virginia State Aid Funding Formula, Head Start funds, Even Start funds, Temporary Assistance to Needy Families, Child Care Development Funds, funds under the Elementary and Secondary Education Act (No Child Left Behind), funds provided by the School Building Authority of West Virginia, funds under the Public Law 108-446, Individuals with Disabilities Education Improvement Act of 2004, and any other private or public funds.

    3.4. Approved WV Pre-k participating programs includes public school preschool, including preschool special education, and any community provider that contracts with the Local Education Agency (hereinafter LEA) including, but not limited to, childcare, private preschool, Head Start, and community-based programs that meet or exceed all of the requirements of this policy and are a part of a county’s collaborative plan. Children participating in approved WV Pre-k participating programs can be counted in the school aid funding formula and the participating programs are eligible to receive funds through contractual agreements with or direct administration by the county school system.

Scope of Child's Right to Attend Preschool:

W. Va. Code § 18-5-44

(c) Beginning no later than the school year two thousand twelve - two thousand thirteen, and continuing thereafter, county boards shall provide early childhood education programs for all children who have attained the age of four prior to the first day of September of the school year in which the pupil enters the early childhood education program.

W. Va. C.S.R. § 126-28-2. Guidelines.

2.1.  WV Pre-k classrooms shall:

    2.1.15.  be inclusive of all children.

Curriculum Content Standards for Preschool Program:

W. Va. Code § 18-5-44.

. . . (q) The state board shall promulgate a rule in accordance with the provisions of article three-b, chapter twenty-nine-a of this code for the purposes of implementing the provisions of this section. The state board shall consult with the secretary of the department of health and human resources in the preparation of the rule. The rule shall include the following:

(1) Standards for curriculum . . . .

(r) The rule shall include the following elements relating to curriculum standards:

(1) A requirement that the curriculum be designed to address the developmental needs of four-year-old children, consistent with prevailing research on how children learn; . . .

W.Va. C.S.R. § 126-28-9. Standards for Preparing Students.

    9.1.  The WV Pre-k classroom must implement the WVELSF [Early Learning Standards Framework], which is aligned with the Head Start outcomes framework and the kindergarten content standards and objectives.  The content standards and objectives for programs serving eligible children are written to reflect a developmental continuum that enhances successful transition into kindergarten.  Children shall be assessed on their individual developmental progress along the developmental continuum. 

W. Va. C.S.R. § 126-28-10. Curriculum and Assessment.

    10.1.   Only comprehensive curricula systems and comprehensive assessment systems that are included on the approved list shall be used by WV Pre-k classrooms including classrooms that serve children with identified special needs.

    10.2    Selection and use of supplemental materials/curricula enhancement, that address core content areas such as language and literacy acquisition or numeracy, must be based on scientifically based research and support the philosophy and techniques of the comprehensive curriculum and the requirements of this section. Teaching strategies such as worksheets, extended periods of sitting, seat work at desks or tables, flashcards, prescribed sequence of content, content areas taught in isolation, requiring all children to be working on the same skill, lack of individualization, or a high level of teacher directed instruction are not allowed as a part of the supplemental curricula.

    10.3.  Comprehensive curricula systems, curriculum enhancements and comprehensive assessment systems will be approved following a process similar to the process established by the [West Virginia Department of Education], including, preschool special education, for adoption of instructional materials using the Partners Implementing an Early Care Education System (hereinafter PIECES) Advisory Council and appropriate subcommittees.

    10.4.  A comprehensive curricula system must at a minimum meet the following standards:

10.4.1.  include a philosophy, goals and objectives based on current knowledge of child development and learning styles and reflect an understanding of how children learn and develop by:

a.  addressing the developmental needs of eligible children through practices that are consistent with current, nationally recognized, most effective practice. . .

W.Va. C.S.R. §126-44O-2. Purpose.

2.1. This policy defines the content standards and learning criteria for WV Pre-k programs as required by West Virginia Department of Education Policies 2510 and 2525, and related to Policy 2419.

W.Va. C.S.R. §126-44O-3. Incorporation by Reference.

3.1. A copy of the Early Learning Standards Framework is attached and incorporated by reference into this policy.

The Early Learning Standards Framework.

The framework covers the areas of social and emotional development, the arts, physical health and development, language and literacy, mathematics and science.

Sample:

Learning Criteria: Each child will progress in using expressive and receptive language for a variety of purposes.

Performance Indicators: Uses increasingly complex and varied vocabulary/sentences in speaking

Experiences: Provide daily opportunities for children to:

• discuss cognitively challenging content
• hear rich and grammatically correct language from adults
• hear quality literature read that introduces the children to a varied vocabulary

Teacher Certification/Qualification Standards for Preschool Program:

W. Va. Code, § 18-5-44.

. . . (m) The provisions of subsections (b), (c) and (d), section eighteen of this article relating to kindergarten shall apply to early childhood education programs in the same manner in which they apply to kindergarten programs.

W. Va. Code § 18-5-18.

. . . (b) Persons employed as kindergarten teachers, as distinguished from paraprofessional personnel, shall be required to hold a certificate valid for teaching at the assigned level as prescribed by regulations established by the state board. The state board shall establish and prescribe guidelines and criteria setting forth the minimum requirements for all paraprofessional personnel employed in kindergarten programs established pursuant to the provisions of this section and no such paraprofessional personnel shall be employed in any kindergarten program unless he meets such minimum requirements.

W.Va. C.S.R. § 126-28-7. Personnel Standards.

7.1. Teachers employed in a WV Pre-k classroom and hired by the LEA must hold the appropriate license issued by the WVDE.

7.2. To fully maximize resources, community partners may choose to hire their own personnel for the WV Pre-k collaborative classroom. Teachers employed in a WV Pre-k classroom operated by a community program may hold a Professional Teaching Certificate endorsed in Early Education, Preschool Education, or Preschool Special Needs; OR

7.3. When no fully certified teacher is available within or for hire by the community program, the person employed by a community program should hold the minimum of a bachelor’s degree and meet the requirements specified in W. Va. 126CSR136, WVBE Policy 5202, Minimum Qualifications for the Licensure of Professional/Paraprofessional Personnel and Advanced Salary Classifications (hereinafter Policy 5202), Section 11.1, for the First-Class/Full-Time Permit for Professional Teaching endorsed in Early Education, Preschool Education, or Preschool Special Needs; OR

7.4. When no fully certified teacher or an individual eligible for the First-Class/Full-Time Permit for Professional Teaching is available within or for hire by the community program, the person employed by the community program must be eligible for a Permanent Authorization for Community Programs.

7.4.1. General Criteria: The Permanent Authorization for Community Programs may be issued to an individual employed by a community program who has completed 1) the minimum of an associate’s degree through an accredited institution of higher education as defined Policy 5202, §126-136-4.5; 2) the general requirements specified in Policy 5202, §126-136-9.1.1; 3) the minimum GPA specified in Policy 5202 §126-136-9.8; and the conditions for issuance specified in §126-28-7.2.2.

7.4.2. Conditions for issuance: The applicant for the Permanent Authorization for Community Programs must submit evidence of the following:

a. College/University Coursework: The minimum of an associate’s degree in child development, early childhood, or occupational development with an emphasis in child development/early childhood; And

b. Specialized Training. - Verification of coursework and/or professional development, approved by the WVDE, in the areas of preschool special education, child development, preschool curriculum, early language and literacy, assessment of young children, and family and community involvement; AND

c. Experience. – Verification of at least one year of early education teaching experience.

d. Verification of employment- Signature of contracted community program director.

7.4.3. Validity Period. – The Permanent Authorization for Community Programs shall continue to be valid unless surrendered, suspended, or revoked for just cause.

7.5. When no individual who is eligible for the Permanent Authorization for Community Programs is available within or for hire by the community program, the person employed by the community program must be eligible for a Temporary Authorization for Community Programs.

7.5.1. General Criteria. - The Temporary Authorization for Community Programs may be issued to an individual employed by a community program who has completed 1) the minimum of an associate’s degree through an accredited institution of higher education as defined Policy 5202, Section 5.4.2) the general requirements specified in Policy 5202, Section 9.1.1; 3) the minimum GPA specified in Policy 5202, Section 9.8; and the conditions for issuance specified in Section 7.3.2.

7.5.2. Conditions for Issuance. - The applicant for the Permanent Authorization for Community Programs must submit evidence of the following:

a. College/University Coursework. - The minimum of an associate’s degree in child development, early childhood, or occupational development with an emphasis in child development/early childhood; AND

b. Experience. -- Verification of at least one year of early education teaching experience.

c. Commitment. – Submission of Professional Commitment verifying the applicant’s strategy for completing coursework and/or professional development, approved by the WVDE, in the areas of preschool special education, child development, preschool curriculum, early language and literacy, assessment of young children, and family and community involvement.

7.5.3. Validity Period. – The Temporary Authorization for Community Programs shall be valid for one school year and shall expire on June 30. An educator employed on or after January 1 may be issued a Temporary Authorization valid until June 30 of the following school year.

7.5.4. Three Year Limit. - All requirements for the Permanent Authorization for Community Programs must be completed within three years of the original issuance of the Temporary Authorization for Community Programs.

7.6. Renewal of the Temporary Authorization for Community Programs.

7.6.1. Conditions of Issuance. - The holder of the Temporary Authorization for Community Programs who continues to be employed by a community program must submit evidence of satisfying the following:

a. College/University Coursework. - Completion of credit approved by the WVDE through either six semester hours of coursework reflecting the minimum 3.0 GPA; AND

b. Commitment. - Submission of Professional Commitment verifying the applicant’s strategy for completing coursework and/or professional development, approved by the WVDE, in the areas of preschool special education, child development, preschool curriculum, early language and literacy, assessment of young children, and family and community involvement.

 7.7.  Persons who are employed to meet the staff/child ratios but are not certified teachers such as aides, assistants, or paraprofessionals must meet the criteria set forth in the [West Virginia State Registry and Training System] WV STARS career pathway level II.  Level II is defined as persons who are at least 18 years old with a high school diploma or equivalent and one year of experience and possess the ability to understand and practice the core knowledge/core competencies with direction and instruction or through sponsorship of a professional organization or qualified mentor.

W.Va. C.S.R. § 126-28-13. Staff Development and Training.

13.2.  Professional development opportunities will follow the West Virginia State Training and Registry System (WV S.T.A.R.S.) training process which can be accessed at www.wvearlychildhood.org.

Other Quality Standards for Preschool Program:

W.Va. C.S.R. § 126-28-8 Health and Safety Requirements.

    8.2.  WV Pre-k classrooms shall limit classroom size to no more than twenty children per classroom.   Ratios shall be two staff:20 children with one of the staff being a teacher. At naptime the allowable ratio is 1 staff member:20 children. …

    8.5.  If WV Pre-k classrooms are operating for more than four hours, meals must be provided in accordance with the guidelines set forth under the WVDE Child and Adult Food Program or National School Lunch Program. … Programs not providing breakfast or lunch must provide a nutritious snack that meets the USDA meal pattern or nutrient standard menu planning requirements.

    8.6.   All children entering an approved participating WV Pre-k classroom must have age appropriate immunizations upon enrollment as defined by the American Academy of Pediatrics and recommended by WVDHHR. ...

    8.7.  A WV Pre-k classroom shall have on file within 45 days of enrollment or prior to the first day of school attendance a record of a HealthCheck form, or other comprehensive health screening comparable to the HealthCheck protocol. …

W. Va. C.S.R. § 126-28-3

3.16. HealthCheck is the name of the screening tool and protocol recommended to be used for all children entering WV Pre-k. HealthCheck meets screening requirements including vision, hearing, speech, language, and dental health. HealthCheck forms are located at http://www.wvdhhr.org/mcfh/ICAH/healthcheck/Default.htm.

Delivery of Preschool Services:

W. Va. Code § 18-5-44.

. . . (e) Enrollment of students in head start, or in any other program approved by the state superintendent as provided in subsection (k) of this section, shall be counted toward satisfying the requirement of subsection (c) of this section.

. . . (g) . . . The plan [for implementing an early childhood education program] shall include the following elements:

. . . (4) Details of how the county board will cooperate and collaborate with other early childhood education programs including, but not limited to, head start, to maximize federal and other sources of revenue . . . .

(h) . . . The secretary shall approve the plan [for implementing an early childhood education program] if the following conditions are met:

(1) The county has maximized the use of federal and other available funds for early childhood programs;

(2) The county has provided for the maximum implementation of head start programs and other public and private programs approved by the state superintendent pursuant to the terms of subsection (k) of this section . . . .

W.Va. C.S.R. § 126-28-3. Definitions.

W.Va. C.S.R. § 126-28-6. Collaboration and the County Plan.

Requirements for Student Assessment and Program Evaluation:

W. Va. Code § 18-2-36(d)

A school is eligible to receive an award of funds appropriated for the purposes of this section for the implementation of an early childhood system to strengthen student learning abilities that includes cognitive/perceptual exercises for all children which are clearly based on the same intellectual premise, and are intended to address for all students the same developmental needs, as the more individual specific remedies required for programs under subsection (c) of this section. The programs shall include a method for evaluating program impact using appropriate measures of early childhood student development and progress.

W.Va. C.S.R. § 126-28-16. Program Evaluation.

 16.1.  The Early Childhood Environment Rating Scale-Revised (hereinafter ECERS-R, Harms, Clifford, and Cryer, 1998) will be utilized by each county collaborative team as a guidance tool to measure quality in each WV Pre-k classroom. The ECERS-R shall be administered by collaborative teams with representation from the LEA, contracted community partners, and at a minimum one program county administrator or outside observer. …  The results of the evaluation will be submitted annually using the ECERS-R Annual Development Form (ADF) by July 15 to the WVDE, Coordinator of Early Childhood, Building 6, Room 722, 1900 Kanawha Boulevard, East, Charleston, WV 25305-0330. ...

16.3.  Programs will be assessed using the ECERS-R by qualified outside observers if concerns arise regarding the implementation of this policy. The ECERS-R ADF will guide statewide professional development planning and highlight areas for technical assistance and support.

16.4.  When a county has fully implemented their county collaborative plan and all eligible children in that county have access to a WV Pre-k classroom that meets all of the quality requirements as outlined in this policy, the county board of education is required to annually submit a report that includes: a copy of the ECERS-R ADF, a summary of the WV Pre-k services provided in the county, the number of WV Pre-k children with identified special education needs, the staff development opportunities provided through the county collaborative plan and the number of staff who participated in those staff development opportunities, and number of children who transitioned into kindergarten and other information as required by the WVDE Assistant Director of Early Learning and Literacy by July 15.

16.5.  The WVDE shall develop and institute a system of longitudinal, scientifically based research to track learner outcomes, family satisfaction, program continuity and related variables in order to evaluate program impact, as funds become available.  The system shall be designed in such a way to be of benefit on both the county and state level and improve the quality of programming available for eligible children.

W.Va. C.S.R. § 126-208-3.

3.1. A school is not eligible to receive an award of funds appropriated for the purpose of strengthening student learning ability unless the proposed program includes the following:

. . . 3.1.5. An evaluation of the programs impact, including factors such as: a) student test scores and other measures of student performance, b) the program's impact on special education referrals, c) program cost, and d) other information that the school may choose to provide for judging the value of the program.