2008 Legislation
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SENATE BILL NO. 1406<br /> – Early childhood development/educatn

SENATE BILL NO. 1406

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S1406..........................................................by EDUCATION
EARLY CHILDHOOD DEVELOPMENT - Adds to and amends existing law relating to
early childhood development and education to provide a short title; to
provide legislative findings; to define terms; to permit prekindergarten
programs; to provide for establishment, composition and responsibilities of
prekindergarten councils; to provide for prekindergarten plans and
programs; to provide for rulemaking authority; to provide for pilot
prekindergarten programs; to provide for a report; to provide for the
Prekindergarten Fund; to remove a provision providing for distribution of
moneys to the economic recovery reserve fund; and to provide for
distribution of moneys to the Prekindergarten Fund.

02/08    Senate intro - 1st rdg - to printing
02/11    Rpt prt - to Educ

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                       IN THE SENATE

                                    SENATE BILL NO. 1406

                                   BY EDUCATION COMMITTEE

  1                                        AN ACT
  2    RELATING TO EARLY CHILDHOOD DEVELOPMENT  AND  EDUCATION;  AMENDING  TITLE  33,
  3        IDAHO  CODE, BY THE ADDITION OF A NEW CHAPTER 57, TITLE 33, IDAHO CODE, TO
  4        PROVIDE A SHORT TITLE, TO PROVIDE LEGISLATIVE FINDINGS, TO  DEFINE  TERMS,
  5        TO  PERMIT COMMUNITY-BASED PREKINDERGARTEN PROGRAMS, TO PROVIDE FOR ESTAB-
  6        LISHMENT, COMPOSITION AND RESPONSIBILITIES OF PREKINDERGARTEN COUNCILS, TO
  7        PROVIDE FOR PREKINDERGARTEN PLANS, TO  PROVIDE  FOR  PREKINDERGARTEN  PRO-
  8        GRAMS, TO PROVIDE FOR RULEMAKING AUTHORITY, TO PROVIDE FOR PREKINDERGARTEN
  9        ASSESSMENT,  TO PROVIDE FOR PILOT PREKINDERGARTEN PROGRAMS, AND TO PROVIDE
 10        FOR THE PREKINDERGARTEN FUND; AND AMENDING SECTION 63-2520, IDAHO CODE, TO
 11        REMOVE A PROVISION PROVIDING FOR DISTRIBUTION OF MONEYS  TO  THE  ECONOMIC
 12        RECOVERY  RESERVE  FUND,  TO  PROVIDE  FOR  DISTRIBUTION  OF MONEYS TO THE
 13        PREKINDERGARTEN FUND AND TO PROVIDE CORRECT TERMINOLOGY.

 14    Be It Enacted by the Legislature of the State of Idaho:

 15        SECTION 1.  That Title 33, Idaho Code, be, and the same is hereby  amended
 16    by  the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
 17    ter 57, Title 33, Idaho Code, and to read as follows:

 18                                      CHAPTER 57
 19                 IDAHO EARLY CHILDHOOD DEVELOPMENT AND EDUCATION ACT

 20        33-5701.  SHORT TITLE. This act shall be known and  cited  as  the  "Idaho
 21    Early Childhood Development and Education Act."

 22        33-5702.  LEGISLATIVE  FINDINGS.  (1)  The  legislature  finds that a high
 23    quality prekindergarten education that is designed based on national  research
 24    into  the  learning  potential and requirements of young children holds a vast
 25    opportunity to provide children with a greatly improved chance at  educational
 26    success.
 27        (2)  The  legislature  finds that  high quality prekindergarten  education
 28    will return economic benefits exceeding each dollar invested by reducing  stu-
 29    dent   remediation,   enhancing   effective   kindergarten  through  grade  12
 30    classrooms, reducing crime and incarceration  costs,  increasing  high  school
 31    graduation  rates,  increasing college admission rates, reducing the number of
 32    children in the juvenile justice system, reducing child  protection  referrals
 33    and significantly increasing lifetime earnings.
 34        (3)  The  legislature  finds that Idaho's children are best served by high
 35    quality prekindergarten for children four (4) years of  age  that  meet  their
 36    diverse  needs  and  that are delivered through qualified community-based pro-
 37    grams including private child care providers  and  faith-based  organizations,
 38    head start programs and public schools.
 39        (4)  The  legislature finds that parental involvement is an essential com-
 40    ponent of Idaho's prekindergarten.  The  essential  role  of  parents  as  the
 41    child's first teachers will be strengthened by prekindergarten education.

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  1        (5)  The  legislature  finds  that establishing pilot prekindergarten pro-
  2    grams presents an important opportunity for Idaho  to  evaluate  the  role  of
  3    prekindergarten  in  our  state's mission of creating a great education system
  4    for Idaho's children.
  5        (6)  The legislature finds that high quality prekindergarten can  best  be
  6    implemented   in   Idaho   through   the   establishment  of  ten  (10)  pilot
  7    prekindergarten programs that can be analyzed and evaluated  and  subsequently
  8    expanded  to  other districts as the experience and value of such programs are
  9    developed.

 10        33-5703.  DEFINITIONS. As used in this chapter:
 11        (1)  "Board of trustees" means the board of trustees of a school district.
 12        (2)  "Child care facility" means a public, private  or  faith-based  child
 13    care  facility  or  a public, private or faith-based preschool or a head start
 14    program.
 15        (3)  "Department" means the state department of education.
 16        (4)  "District" means an Idaho public school district.
 17        (5)  "Early childhood educator" means an educator  possessing   qualifica-
 18    tions established by the state board to provide early childhood education.
 19        (6)  "Prekindergarten"  means an educational program for children at least
 20    four (4) years of age provided by a qualified early childhood educator for not
 21    less than twenty-five (25) hours within a period of two (2) weeks.
 22        (7)  "State board" means the state board of education.

 23        33-5704.  COMMUNITY-BASED PREKINDERGARTEN PROGRAM. Subject to  funding  as
 24    provided for in this chapter, prekindergarten programs may be offered to chil-
 25    dren  four  (4)  years  of age by community-based child care facilities, to be
 26    funded, in part, by state funds administered by local districts.

 27        33-5705.  PREKINDERGARTEN COUNCILS. (1) A prekindergarten council  may  be
 28    established in a district to:
 29        (a)  Develop a district prekindergarten plan; and
 30        (b)  Serve  as  an  advisory prekindergarten council for a prekindergarten
 31        program established in the district.
 32        (2)  The members of the council shall be appointed by  the  superintendent
 33    of  the district and shall be representative of public and private entities in
 34    the district that are committed to preparing young children  for  school.  The
 35    council shall include:
 36        (a)  Three (3) parents of preschool age children;
 37        (b)  Three (3) educators certified in early childhood education;
 38        (c)  Three (3) representatives of child care programs;
 39        (d)  The superintendent of the district; and
 40        (e)  Two (2) community members committed to developing prekindergarten.
 41        (3)  In  developing  a  district prekindergarten plan, the prekindergarten
 42    council shall:
 43        (a)  Conduct an inventory of  all  prekindergarten  resources  within  the
 44        school  district,  including  resources  available at qualified child care
 45        facilities and head start programs and public schools;
 46        (b)  Perform a prekindergarten needs assessment to determine the need  for
 47        quality prekindergarten in the district;
 48        (c)  Determine the personnel, facilities and other program costs necessary
 49        to establish a pilot prekindergarten program;
 50        (d)  Determine  what  local,  state and private financial resources may be
 51        accessed to support prekindergarten education;
 52        (e)  Maximize and  focus  on  delivery  of  early  education  to  children

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  1        impacted by risk factors identified herein;
  2        (f)  Determine  how the prekindergarten program will include components of
  3        and work with "parents as teachers," child care providers  and  the  Idaho
  4        child  care program to provide a continuum of early childhood education in
  5        the community;
  6        (g)  Maximize the participation of parents, avoid duplication of  existing
  7        services in the community and make the best possible use of resources; and
  8        (h)  Provide  for  appropriate  facilities,  materials and prekindergarten
  9        instruction.
 10        (4)  The prekindergarten plan may provide for delivery of  prekindergarten
 11    instruction  by  contract  with a qualified child care facility or facilities.
 12    Early childhood educators may be employed by a child  care  provider,  may  be
 13    provided  to the child care facility by the school district or may be employed
 14    by the district for prekindergarten at district schools.

 15        33-5706.  PREKINDERGARTEN  PROGRAM.  (1)  After  it   has   approved   the
 16    prekindergarten   plan  as  provided  in  section  33-5705,  Idaho  Code,  the
 17    district's board of trustees may apply to the state board for funding  of  the
 18    district's prekindergarten program.
 19        (2)  The  state  board  shall  evaluate and prioritize the prekindergarten
 20    plan applications, taking into consideration:
 21        (a)  The funding available for prekindergarten, including available  local
 22        funds and the ratio of local to state funds;
 23        (b)  The  number  of public elementary schools in the school district that
 24        are not meeting adequate yearly progress under the no  child  left  behind
 25        act;
 26        (c)  The    potential   for   parental   involvement   in   the   proposed
 27        prekindergarten program; and
 28        (d)  An assessment of factors that contribute  to  the  risk  of  children
 29        being unprepared for kindergarten or having significant potential to bene-
 30        fit from prekindergarten, which factors may include:
 31             (i)   The  proportion  of  children  meeting  eligibility criteria to
 32             receive free or reduced cost lunches;
 33             (ii)  The need for extraordinary language development, including  the
 34             estimated  proportion  of  students  with limited English proficiency
 35             among the four (4) years of age preschool population;
 36             (iii) The proportion of parents who have not completed  high  school;
 37             and
 38             (iv)  The  proportion  of parents who were younger than eighteen (18)
 39             years of age at the time of their first child's birth.
 40        (3)  (a) The state board may approve plans to be funded by grants  to  the
 41        selected   districts   from   the   prekindergarten   fund.   Funding  for
 42        prekindergarten programs shall be  for a period of  four  (4)  consecutive
 43        years subject to renewal at the end of that period; and
 44        (b)  State  funding  provided  to support an approved prekindergarten plan
 45        shall be limited to the cost of instruction by qualified  early  childhood
 46        educators.
 47        (4)  The state board shall adopt rules to:
 48        (a)  Specify  procedures  by  which prekindergarten councils may apply for
 49        prekindergarten grants;
 50        (b)  Provide for a maximum prekindergarten class size of twenty (20) chil-
 51        dren per certified early childhood educator and for a  ratio  of  teachers
 52        and  qualified  teacher's aides to participating children of not less than
 53        one (1) to ten (10);
 54        (c)  Establish certification standards for early childhood educators  that

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  1        require at least a bachelor's degree with a specialization in early child-
  2        hood education;
  3        (d)  Establish  qualification  standards for teacher's aides participating
  4        in the prekindergarten program;
  5        (e)  Provide for the development of state prekindergarten  learning  stan-
  6        dards; and
  7        (f)  Provide a format for prekindergarten plans.
  8        (5)  The superintendent of a district that receives funding from the state
  9    board  for a prekindergarten program grant shall be responsible for the admin-
 10    istration of the grant.

 11        33-5707.  PREKINDERGARTEN ASSESSMENT. (1) The  state  board  of  education
 12    shall  provide  an  annual report to the legislature on the implementation and
 13    development of the prekindergarten program.
 14        (2)  The annual report to the  legislature  shall  include  accountability
 15    measures including longitudinal data from a statistically sufficient number of
 16    program  recipients  to assess the impact of the Idaho prekindergarten program
 17    at three levels: kindergarten  readiness,  kindergarten  through  sixth  grade
 18    remediation and graduation rates.

 19        33-5708.  PILOT PREKINDERGARTEN PROGRAM. (1) Subject to available funding,
 20    the  state  board is authorized to select up to ten (10) pilot prekindergarten
 21    programs from  applications  submitted  by  districts  for  funding  from  the
 22    prekindergarten fund.
 23        (2)  The application for the pilot prekindergarten program shall include a
 24    prekindergarten education plan that meets the requirements of section 33-5705,
 25    Idaho Code.
 26        (3)  The  state board shall provide grants to selected districts for pilot
 27    prekindergarten programs using the criteria set forth in  section  33-5706(2),
 28    Idaho Code.
 29        (4)  The  state board shall prepare an annual report for submission to the
 30    legislature evaluating the performance of each pilot prekindergarten program.
 31        (5)  On or before fiscal year 2013, the implementation and  administration
 32    of  the pilot prekindergarten programs established under this chapter shall be
 33    reviewed by the legislature for approval prior to implementation of  a  state-
 34    wide program.

 35        33-5709.  PREKINDERGARTEN FUND. There is hereby created and established in
 36    the  state  treasury a fund to be known as the "Prekindergarten Fund" in which
 37    shall be deposited the revenues  derived  from  the  tax  imposed  in  section
 38    63-2506,  Idaho Code, and any additional appropriations from the general fund.
 39    All moneys deposited in such fund are hereby continually appropriated for  the
 40    purposes set forth in this chapter. The state board is charged with the admin-
 41    istration of this fund.

 42        SECTION  2.  That  Section 63-2520, Idaho Code, be, and the same is hereby
 43    amended to read as follows:

 44        63-2520.  DISTRIBUTION OF MONEYS COLLECTED.  Revenues  received  from  the
 45    taxes  imposed  by this chapter, and any revenues received from licenses, per-
 46    mits, penalties, interest, or deficiency additions, shall  be  distributed  by
 47    the tax commission as follows:
 48        (a)  An  amount  of money shall be distributed to the state refund account
 49    sufficient to pay current refund claims. All  refunds  authorized  under  this
 50    chapter  by the commission shall be paid through the state refund account, and

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  1    those moneys are continuously appropriated.
  2        (b)  On and after July 1, 2005, the balance remaining with the state trea-
  3    surer after deducting the amount described in subsection (a) of  this  section
  4    shall be distributed as follows:
  5        (1)  17.3%  of such balance shall be distributed to the permanent building
  6        fund created by section 57-1108, Idaho Code.
  7        (2)  0.4% of such balance shall be distributed to the central tumor cancer
  8        registry account fund. The amount of money so distributed to  the  central
  9        tumor  cancer  registry  account  fund  shall not exceed the fiscal year's
 10        appropriation, and at such time as the appropriation has been  distributed
 11        to  the central tumor cancer registry account fund during any fiscal year,
 12        all such distributions in  excess  of  the  appropriation  shall  be  made
 13        instead to the general fund of the state of Idaho.
 14        (3)  1% of such balance shall be distributed to the cancer control account
 15        created  by  section  57-1702, Idaho Code. Revenues received in the cancer
 16        control account shall be paid over to the state treasurer by the state tax
 17        commission to be distributed as follows:
 18             (i)   Such amounts as are appropriated for purposes specified in sec-
 19             tion 57-1702, Idaho Code, shall be expended as appropriated;
 20             (ii)  Any balance remaining in the cancer control account on June  30
 21             of  any fiscal year after the amounts withdrawn by appropriation have
 22             been deducted, shall be reserved for transfer to the general fund  on
 23             July 1 and the state controller shall order such transfer.
 24        (4)  An  amount  equal  to  the annual general fund appropriation for bond
 25        levy equalization, pursuant to section 33-906, Idaho Code, shall be  annu-
 26        ally distributed to the general fund.
 27        (5)  All remaining moneys shall be distributed as follows:
 28             (i)   For  the  fiscal  year commencing July 1, 2005, and ending June
 29             30, 2006, all moneys shall be distributed to  the  economic  recovery
 30             reserve fund created by section 67-3520, Idaho Code.
 31             (ii)  For fiscal years on and after July 1, 2006, all moneys shall be
 32             distributed to the permanent building fund with the moneys to be used
 33             for the repair, remodel and restoration of the state capitol building
 34             and state facilities pertaining to the capitol restoration until such
 35             time  as the capitol restoration is adequately funded as certified by
 36             the director of the department of administration.
 37             (iii) Thereafter Upon such certification and subject  to  legislative
 38             approval,  all  moneys  shall be distributed to the economic recovery
 39             reserve prekindergarten fund  created  by  section  67-3520  33-5709,
 40             Idaho Code.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                            RS 17710C2



       Idaho Early Childhood Development and Education Act


The legislation recognizes that a high quality pre-kindergarten
program holds a vast opportunity for Idaho's pre-kindergarten age
children by providing them with a greatly improved chance at
educational success.

The act provides for initial state support for pilot pre-
kindergarten programs that will provide experience for subsequent
statewide implementation.

The purpose of this bill is to establish a voluntary pre-
kindergarten program for children 4 years of age.  Local pre-K
councils appointed by the district superintendent may plan and
develop a high quality pre-K program for the community.  Pre-K
education is to be provided by qualified pre-K educators and in
compliance with state pre-kindergarten learning standards.

The legislation allows flexibility for a pre-K educator to be
provided by contract to a qualified public, private, church or
charity based child care facility, or by any combination of such
providers.  State grants would cover the cost of providing a
certified early childhood educator for community based programs. 
The bill requires that early childhood educators be certified and
hold a degree in early childhood education.

The act identifies criteria to be considered by the State Board
of Education in developing priorities for funding pre-K programs
and authorizes the Board to develop standards and procedures. 
The community based pre-K will be funded by grants from a state
pre-K education fund to supplement locally provided resources.



                           FISCAL NOTE  

Grants for the community based pre-K program will be made from
the Pre-kindergarten Fund created by the bill.  The fund can
receive distributions, appropriations, grants and donations.  The
fund will be administered by the State Board of Education. 
Grants for community based pre-K programs will be administered
locally.
Pilot stage:
A state general fund one-time appropriation of $4 million will
fund 10 pilot community based pre-K programs over four years.

FY 2009: $150,000 Department of Education Staffing and program
         design
FY 2010: $150,000 Staffing and program administration
         $1,100,000 Pre-K pilot demonstration projects
FY 2012: $200,000 Staffing and program administration
         $1,250,000 Pre-K pilot demonstration projects

Implementation state:
The bill calls for an FY 2013 budget decision point for $18
million to be distributed annually from the cigarette and tobacco
tax fund to the Pre-kindergarten fund.
FY 2013: $150,000 staffing and program administration
         $17,750,000 pre-K program funding







Contact
Name: Senator Mike Burkett 
Phone: 332-1414
Name: Senator Stan Bastian
Phone: 332-1391
Name: Senator Tim Corder
Phone: 332-1343




STATEMENT OF PURPOSE/FISCAL NOTE                        S 1406