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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
]]]] 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
3
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-
4
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
5
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
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