2006 Legislation
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SENATE BILL NO. 1381 – Prekindergarten prog created

SENATE BILL NO. 1381

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S1381..........................................................by EDUCATION
EARLY CHILDHOOD DEVELOPMENT AND EDUCATION ACT - Amends and adds to existing
law relating to prekindergarten; to provide a title; to state legislative
findings; to provide definitions; to permit school districts to offer a
prekindergarten education program; to create a prekindergarten education
program in the Department of Education; to permit school districts to
establish prekindergarten education councils; to provide for appointment to
and membership of the councils; to provide for council responsibilities; to
permit contracting by school districts in the prekindergarten education
plan prepared by the council; to require approval of the plan by the board
of trustees of the school district; to provide for submission of the plan;
to provide for criteria identified by the State Board of Education by which
the department may evaluate and prioritize the plan; to provide for funding
criteria and limitations; to provide for adoption of rules by the State
Board of Education; to create a Prekindergarten Education Fund; to require
coordination; and to provide for moneys from the cigarette and tobacco
products taxes to be distributed to the prekindergarten education fund
after capitol restoration is adequately funded.
                                                                        
02/10    Senate intro - 1st rdg - to printing
02/13    Rpt prt - to Educ

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1381
                                                                        
                                   BY EDUCATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PREKINDERGARTEN; AMENDING TITLE 33, IDAHO CODE, BY THE ADDITION OF
  3        A NEW CHAPTER 13, TITLE 33, IDAHO CODE, TO PROVIDE A TITLE, TO STATE  LEG-
  4        ISLATIVE  FINDINGS, TO PROVIDE FOR DEFINITIONS, TO PERMIT SCHOOL DISTRICTS
  5        TO OFFER PREKINDERGARTEN EDUCATION PROGRAMS, TO CREATE  A  PREKINDERGARTEN
  6        EDUCATION  PROGRAM  IN  THE DEPARTMENT OF EDUCATION, TO PERMIT SCHOOL DIS-
  7        TRICTS TO ESTABLISH PREKINDERGARTEN EDUCATION COUNCILS, TO PROVIDE FOR THE
  8        APPOINTMENT AND MEMBERSHIP OF THE COUNCILS, TO PROVIDE FOR COUNCIL RESPON-
  9        SIBILITIES,  TO  PERMIT   CONTRACTING   BY   SCHOOL   DISTRICTS   IN   THE
 10        PREKINDERGARTEN  EDUCATION  PLAN  PREPARED  BY  THE  COUNCIL,  TO  REQUIRE
 11        APPROVAL  OF  THE PLAN BY THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT, TO
 12        PROVIDE FOR SUBMISSION OF THE PLAN TO THE DEPARTMENT, TO PROVIDE FOR  CRI-
 13        TERIA  IDENTIFIED  BY THE STATE BOARD OF EDUCATION BY WHICH THE DEPARTMENT
 14        MAY EVALUATE AND PRIORITIZE THE  PREKINDERGARTEN  PLANS,  TO  PROVIDE  FOR
 15        FUNDING  CRITERIA AND LIMITATIONS, TO PROVIDE FOR THE ADOPTION OF RULES BY
 16        THE STATE BOARD, TO  CREATE  A  PREKINDERGARTEN  EDUCATION  FUND,  AND  TO
 17        REQUIRE COORDINATION; AND AMENDING SECTION 63-2520, IDAHO CODE, TO PROVIDE
 18        FOR MONEYS FROM THE CIGARETTE AND TOBACCO PRODUCTS TAXES TO BE DISTRIBUTED
 19        TO  THE  PREKINDERGARTEN  EDUCATION FUND AFTER CAPITOL RESTORATION IS ADE-
 20        QUATELY FUNDED.
                                                                        
 21    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 22        SECTION 1.  That Title 33, Idaho Code, be, and the same is hereby  amended
 23    by  the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
 24    ter 13, Title 33, Idaho Code, and to read as follows:
                                                                        
 25                                      CHAPTER 13
 26                 IDAHO EARLY CHILDHOOD DEVELOPMENT AND EDUCATION ACT
                                                                        
 27        33-1301.  TITLE OF ACT. This act shall be known and cited  as  the  "Idaho
 28    Early Childhood Development and Education Act."
                                                                        
 29        33-1302.  LEGISLATIVE  FINDINGS.  (1)  The  legislature  finds that a high
 30    quality, discovery based model for exploration and  education,  that  instills
 31    the  excitement of learning and that is rich in materials with stories, books,
 32    reading, visual and other sensory experiences, holds a  vast  opportunity  for
 33    prekindergarten  age  children  and  provides children with a greatly improved
 34    chance at educational success.
 35        (2)  The legislature finds that a  high  quality  prekindergarten  program
 36    will  return economic benefits exceeding each dollar invested by reducing stu-
 37    dent remediation, enhancing effective learning during the elementary and  sec-
 38    ondary  years, increasing lifetime earnings, increasing high school graduation
 39    rates, increasing college attendance rates and reducing the number of children
 40    who enter the juvenile justice system and reducing child protection referrals.
 41        (3)  The legislature finds that Idaho's children are best served  by  high
                                                                        
                                           2
                                                                        
  1    quality  prekindergarten programs for children four (4) years of age that meet
  2    their diverse needs and that are delivered by  qualified  public  and  private
  3    programs  including head start programs, public schools, faith-based organiza-
  4    tions and public and private child care providers.
  5        (4)  The legislature finds that parental  involvement,  participation  and
  6    choice are essential components of Idaho's prekindergarten program. The essen-
  7    tial  role  of parents as the child's first teachers should be strengthened by
  8    prekindergarten education.
  9        (5)  The legislature finds that  planning,  coordination  and  cooperation
 10    among Idaho agencies and programs that address early childhood development and
 11    education are required for the success of a prekindergarten program.
                                                                        
 12        33-1303.  DEFINITIONS.  The following words and phrases used in this chap-
 13    ter shall be given the following interpretations:
 14        (1)  "Board of trustees" means the board of trustees of a school district.
 15        (2)  "Certified early education educator" means an educator possessing the
 16    qualifications as established by the state board to  provide  early  childhood
 17    education.
 18        (3)  "Department" means the state department of education.
 19        (4)  "Eligible  child"  means a child who has attained the age of four (4)
 20    years prior to the first day of September of the school year;
 21        (5)  "Prekindergarten education" means the prekindergarten education  that
 22    is provided to eligible children by a certified early childhood educator in an
 23    approved  program  for not less than twenty-five (25) hours within consecutive
 24    two (2) week periods for at least nine (9) months per year.
 25        (6)  "Qualified child care facility" means a secular or faith-based  place
 26    or facility that meets the relevant prerequisite educational standards adopted
 27    by the state board for participation in the prekindergarten education program.
 28        (7)  "State board" means the state board of education.
                                                                        
 29        33-1304.  PREKINDERGARTEN  EDUCATION  PROGRAM.  (1)  Subject  to available
 30    funding, each school district may offer to children four (4) years of age  the
 31    opportunity  to participate in a prekindergarten education program as provided
 32    in this chapter.
 33        (2)  There is hereby created in the department the prekindergarten  educa-
 34    tion  program.  The program will buttress and be aligned with the state's pro-
 35    gram of public education for kindergarten through grade twelve (12). The state
 36    board is hereby authorized to promulgate rules,  consistent  with  legislative
 37    intent,  to  implement  the  prekindergarten education program as set forth in
 38    this chapter.
                                                                        
 39        33-1305.  PREKINDERGARTEN EDUCATION COUNCILS --  FUNDING  APPLICATIONS  --
 40    CRITERIA.  (1)  A  prekindergarten  education  council may be established in a
 41    school district to develop  a  prekindergarten  education  program  to  ensure
 42    school  readiness  of  children  entering  kindergarten.  The  members  on the
 43    prekindergarten education council shall be appointed by the superintendent  of
 44    the  school district and shall be representative of individuals and public and
 45    private entities in the school district that are committed to preparing  young
 46    children  for  school.  The  school district shall provide staff to assist the
 47    prekindergarten education council in performing its tasks. The prekindergarten
 48    education council, to the extent possible, shall include:
 49        (a)  Four (4) parents of preschool age children;
 50        (b)  Four (4) educators certified in early childhood education;
 51        (c)  Four (4) representatives of child care programs;
 52        (d)  One (1) representative of the head start program operating within the
                                                                        
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  1        school district;
  2        (e)  The superintendent of the school  district  or  the  superintendent's
  3        designee; and
  4        (f)  Two  (2)  other individuals whom the superintendent believes are com-
  5        mitted to supporting preparedness of young children for school.
  6        (2)  The prekindergarten education council shall:
  7        (a)  Conduct an  inventory  of  all  prekindergarten  education  resources
  8        within  the  school  district,  including  resources  available  at public
  9        schools, qualified child care and head start program facilities  and  cre-
 10        dentials of individuals working in early childhood education;
 11        (b)  Perform a prekindergarten education needs assessment to determine the
 12        need for a prekindergarten education program for the school district;
 13        (c)  Evaluate  how  a  prekindergarten  education  program will supplement
 14        available services including "parents as teachers" and public and  private
 15        preschool  and  child care programs to provide a continuum of early child-
 16        hood education in the school district;
 17        (d)  Determine the personnel, facilities and other program costs necessary
 18        to provide for a prekindergarten education program for the maximum  number
 19        of eligible children with a minimum duplication of services and costs;
 20        (e)  Determine  what  local,  state and private financial resources may be
 21        accessed to support a prekindergarten education program in the school dis-
 22        trict;
 23        (f)  Develop a plan for the delivery of the prekindergarten education pro-
 24        gram in the school district that maximizes the participation  of  parents,
 25        avoids  duplication  of  programs  and services in the community, does not
 26        supplant existing high quality prekindergarten education programs  in  the
 27        community and makes the best possible use of resources; and
 28        (g)  On  an annual basis, update all aspects of the prekindergarten educa-
 29        tion plan.
 30        (3)  The prekindergarten  education  plan  may  provide  for  delivery  of
 31    prekindergarten  instruction by the school district, by contract, with one (1)
 32    or more qualified public or private child care facilities or  the  head  start
 33    program,  or  by any combination of such providers. The plan shall provide for
 34    appropriate facilities, materials and prekindergarten education instruction by
 35    a certified  early  education  educator.  Early  childhood  educators  may  be
 36    directly employed by a contract provider or be provided by the school district
 37    through contract.
 38        (4)  Upon  approval  of the prekindergarten education plan by the board of
 39    trustees,  the prekindergarten education council may apply to the  department,
 40    in  a  format  determined by the state board, for funding of a prekindergarten
 41    education program in the school district.
 42        (5)  The state board shall identify and put into rule a procedure to eval-
 43    uate and prioritize the applications which shall include consideration of:
 44        (a)  The funding available for prekindergarten  education,  including  the
 45        local  financial  resources  available to fund the program in the applying
 46        school district;
 47        (b)  The percentage and number of public elementary schools in the  school
 48        district  that are not meeting adequate yearly progress under the no child
 49        left behind act, as amended;
 50        (c)  The  number  of  eligible   children   to   be   served   under   the
 51        prekindergarten education proposal as a percentage of the number of eligi-
 52        ble children residing in the school district;
 53        (d)  The    potential   for   parental   involvement   in   the   proposed
 54        prekindergarten education program; and
 55        (e)  The prekindergarten program family and child factors that often  con-
                                                                        
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  1        tribute to the risk of children being unprepared for kindergarten and fac-
  2        tors  identifying children with significant potential to benefit from par-
  3        ticipation in prekindergarten, which factors may include:
  4             (i)   The percentage of  children  meeting  eligibility  criteria  to
  5             receive free or reduced-cost lunch program;
  6             (ii)  The  need for extraordinary language development, including the
  7             proportion of students with  limited  English  proficiency  estimated
  8             among the age four (4) year preschool population;
  9             (iii) The percentage of parents who have not completed high school;
 10             (iv)  The  percentage  of parents who were younger than eighteen (18)
 11             years of age at the time of their first child's birth;
 12             (v)   The percentage of children determined by evaluation to have low
 13             social skills; and
 14             (vi)  Such other  relevant  factors  as  may  be  determined  by  the
 15             prekindergarten education council.
 16        (6)  (a)  The  department  may  approve and fund the plan submitted by the
 17        prekindergarten education council. Funding for  prekindergarten  education
 18        programs shall be for a period of three (3) consecutive school years; and
 19        (b)  Funding  provided  to  a  school  district for support of an approved
 20        prekindergarten educational plan shall be limited to the cost of providing
 21        qualified   prekindergarten    education    instruction    by    qualified
 22        prekindergarten educators.
 23        (7)  The state board shall adopt rules:
 24        (a)  To specify procedures by which prekindergarten education councils may
 25        apply for prekindergarten education grants;
 26        (b)  To provide that the compensation rate, including benefits, for certi-
 27        fied early childhood educators participating in the prekindergarten educa-
 28        tion  program  shall  be  at  a rate not less than the rate for comparably
 29        trained educators in the school district;
 30        (c)  To provide for a maximum classroom size of twenty (20) eligible chil-
 31        dren,  for  a  certified  early  childhood   educator   to   conduct   the
 32        prekindergarten  education program in each classroom, and for the ratio of
 33        certified early childhood educator and qualified teacher's aide to partic-
 34        ipating eligible children to be not less than one (1) to ten (10);
 35        (d)  To establish best practice standards derived from research  in  early
 36        childhood education;
 37        (e)  To  ensure certification standards for early childhood educators that
 38        require at least a bachelor's degree with a specialization in early child-
 39        hood education;
 40        (f)  To establish qualification standards for teacher's aides  participat-
 41        ing in the prekindergarten education program;
 42        (g)  To  establish  sampling  or  use  other  methods  for  evaluation  of
 43        prekindergarten  programs including the assessment of progress toward kin-
 44        dergarten readiness and assessment of subsequent academic success in  ele-
 45        mentary and secondary grades;
 46        (h)  To  provide  that  no prekindergarten education program shall support
 47        sectarian or denominational instruction;
 48        (i)  To require an annual written report be presented to  the  legislature
 49        concerning the status of prekindergarten implementation;
 50        (j)  To  provide  that private childcare and prekindergarten programs par-
 51        ticipating in a school district prekindergarten education program must not
 52        discriminate in the hiring of teachers or the enrollment  of  children  on
 53        the basis of race, ethnicity, religion or disability; and
 54        (k)  To  provide  for  the  development  of state prekindergarten learning
 55        standards and the use of  developmentally  appropriate  curricula  by  all
                                                                        
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  1        providers participating in the prekindergarten education program.
  2        (8)  The   superintendent   of   the   school   district   that   receives
  3    prekindergarten  education funding shall be responsible for the administration
  4    of the prekindergarten education program as approved by the department.
                                                                        
  5        33-1306.  PREKINDERGARTEN EDUCATION FUND.  There  is  hereby  created  the
  6    prekindergarten  education fund within the state treasury, which shall be used
  7    to provide funding for prekindergarten education programs as provided  for  in
  8    this chapter. Moneys in the prekindergarten education fund may be appropriated
  9    for the funding of the prekindergarten education program by the department and
 10    for  the  necessary expenses of the department in administering and monitoring
 11    the program. The fund shall consist of appropriations, distributions into  the
 12    fund  as  designated by law, income from investment of the fund, gifts, grants
 13    and donations. Money in the fund shall not revert to any other fund at the end
 14    of the fiscal year.
                                                                        
 15        33-1307.  COORDINATION WITH OTHER PROGRAMS. The department and school dis-
 16    tricts participating in the prekindergarten education program shall  cooperate
 17    with  and support all other state agencies that address early childhood educa-
 18    tion and development issues, including the "parents as teachers"  program  and
 19    the  early  intervention services program as set forth in chapter 1, title 16,
 20    Idaho Code. All other departments and agencies that provide health, early care
 21    and education services to  young  children  shall  cooperate  through  written
 22    agreement  with the department and the school districts in the delivery of the
 23    prekindergarten education program.
                                                                        
 24        SECTION 2.  That Section 63-2520, Idaho Code, be, and the same  is  hereby
 25    amended to read as follows:
                                                                        
 26        63-2520.  DISTRIBUTION  OF  MONEYS  COLLECTED.  Revenues received from the
 27    taxes imposed by this chapter, and any revenues received from  licenses,  per-
 28    mits,  penalties,  interest,  or deficiency additions, shall be distributed by
 29    the tax commission as follows:
 30        (a)  An amount of money shall be distributed to the state  refund  account
 31    sufficient  to  pay  current  refund claims. All refunds authorized under this
 32    chapter by the commission shall be paid through the state refund account,  and
 33    those moneys are continuously appropriated.
 34        (b)  On and after July 1, 2005, the balance remaining with the state trea-
 35    surer  after  deducting the amount described in subsection (a) of this section
 36    shall be distributed as follows:
 37        (1)  17.3% of such balance shall be distributed to the permanent  building
 38        fund created by section 57-1108, Idaho Code.
 39        (2)  0.4% of such balance shall be distributed to the central tumor regis-
 40        try  account. The amount of money so distributed to the central tumor reg-
 41        istry account shall not exceed the fiscal  year's  appropriation,  and  at
 42        such  time  as the appropriation has been distributed to the central tumor
 43        registry account during any fiscal year, all such distributions in  excess
 44        of  the  appropriation  shall  be  made instead to the general fund of the
 45        state of Idaho.
 46        (3)  1% of such balance shall be distributed to the cancer control account
 47        created by section 57-1702, Idaho Code. Revenues received  in  the  cancer
 48        control account shall be paid over to the state treasurer by the state tax
 49        commission to be distributed as follows:
 50             (i)   Such amounts as are appropriated for purposes specified in sec-
 51             tion 57-1702, Idaho Code, shall be expended as appropriated;
                                                                        
                                           6
                                                                        
  1             (ii)  Any  balance remaining in the cancer control account on June 30
  2             of any fiscal year after the amounts withdrawn by appropriation  have
  3             been  deducted, shall be reserved for transfer to the general fund on
  4             July 1 and the state controller shall order such transfer.
  5        (4)  21.25% of such balance shall be distributed to the  general  fund  of
  6        the  state  of  Idaho  for the fiscal year commencing July 1, 2005 through
  7        June 30, 2006.
  8        (5)  All remaining moneys shall be distributed as follows: For the  fiscal
  9        year  commencing  July 1, 2005, and ending June 30, 2006, all moneys shall
 10        be distributed to the economic recovery reserve fund  created  by  section
 11        67-3520,  Idaho  Code.  For  fiscal  years  on and after July 1, 2006, all
 12        moneys shall be distributed to the permanent building fund with the moneys
 13        to be used for the repair, remodel and restoration of  the  state  capitol
 14        building  and state facilities pertaining to the capitol restoration until
 15        such time as the capitol restoration is adequately funded as certified  by
 16        the  director  of  the department of administration. Thereafter all moneys
 17        shall be distributed to the economic recovery reserve prekindergarten edu-
 18        cation fund created by section 67-3520 33-1306, Idaho Code.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 15941
                                
      Idaho Early Childhood Development and Education Act
                                
  The purpose of this bill is to establish a voluntary pre-
kindergarten program for children 4 years of age. Local school
district pre-k education councils appointed by the district
superintendent may plan and develop a high quality pre-k program
for the district. Pre-k education is to be provided through a
discovery model by qualified pre-k educators and in conjunction
with existing child care and pre-k facilities.  The district may
request funding for the pre-k educator component of their program
from the state via a state pre-k education fund. 
  The legislation allows flexibility for pre-k instruction to
be delivered by the school district, by contract with one or more
qualified public or private child care facilities or head start
programs, or by any combination of such providers. The bill
requires that early childhood educators be certified by the State
Department of Education and have at least a bachelor's degree
with a specialization in early childhood education.     
  The act lists criteria to be considered by the State Board
of Education in developing priorities for funding pre-k programs
and that the Board develop standards and procedures for Idaho's
pre-K education program.
  The legislation recognizes that a high quality pre-
kindergarten program holds a vast opportunity for Idaho's pre-
kindergarten age children and will provide them with a greatly
improved chance at educational success.



                         FISCAL IMPACT
                                
  Appropriations for the program will be made from the Pre-K
Education Fund created by the bill.  The fund can receive
distributions, appropriations, gifts, grants and donations.  
  Approximately $18 million will be distributed annually from
the cigarette and tobacco tax receipts to the Pre-K Education
Fund beginning once capitol restoration is adequately funded;
currently projected for FY 2012.   
  The State Board of Education may request appropriation of
state general funds into the Pre-K Education Fund. General Fund
appropriations will be needed for start up and demonstration
funding.

Costs are estimated as follows:

FY 2008:   $150,000 Staffing and  program design

FY 2009:   $150,000 Staffing and program administration
           $900,000 Pre-K demonstration funding 

FY 2010:   $150,000 Staffing and program administration
           $1,800,000 Pre-K demonstration funding

FY 2011:   $150,000 Staffing and program administration
           $1,800,000 Pre-K demonstration funding

FY 2012:   $300,000 Staffing and program administration
           $18,000,000 Pre-k program funding 



  
Contact         
Name:    Senator Mike Burkett
         Senator Bert Marley                  
         Eldon Wallace
Phone:   332-1351


STATEMENT OF PURPOSE/FISCAL NOTE                        S 1381