Information to Schools
2003 Senate Bill 82, Amending K.S.A. 72-67,115 to Allow Schools to Offer
Preschool Programs and Charge Fees
In 2003 SB 82, K.S.A. 72-67,115 is amended to read as follows:
(a) The board of education of any school district may:
(1) Offer and teach courses and conduct preschool programs for children under the age of eligibility to attend kindergarten,
(2) Enter into cooperative or interlocal agreements with one or more other boards for the establishment, operation and maintenance of such preschool programs,
(3) Contract with private, nonprofit corporations or associations or with any public or private agency or institution, whether located within or outside the state, for the establishment, operation and maintenance of such preschool programs,
(4) Prescribe and collect fees for providing such preschool programs.
(b) Fees for providing preschool programs shall be prescribed and collected only to recover the costs incurred as a result of and directly attributable to the establishment, operation and maintenance of the preschool programs. Revenues from fees collected by a board under this section shall be deposited in the general fund of the school district and shall be considered reimbursements to the district for the purpose of the school district finance and quality performance act and may be expended whether the same have been budgeted or not and amounts so expended shall not be considered operating expenses.
Introduction
Schools have been authorized for several years to provide preschool programs but they lacked the authority to charge fees for them. SB 82 amends the law to allow school districts to provide preschool programs for children under kindergarten age and to charge fees for the program. The fee may be charged only to recover the costs incurred in providing the program. Nondisabled children attending these preschool programs are not counted in the school finance law for general state aid funding, but children with disabilities who have IEP’s are counted as one-half pupil.
Why is this law important to local districts?
School readiness research indicates that one of the most influential factors for young children is that they have quality preschool experiences. Increasingly, the general public seems to understand that the years from birth through age 5 are perhaps the most important in a child’s life. Early brain development research estimates that half of what children learn in life, they know by the age of 5. Accordingly, schools should also be very concerned about what early childhood services are available in their community – from prenatal care, nutrition and health services, quality child care settings, sufficient preschool programs, parent education, and similar services – because the school will benefit by having a higher number of “ready children” if those services are accessible and affordable in their communities. Having children ready to learn when they enter school should result in higher achievement, fewer referrals to special services, fewer grade retentions, and fewer disciplinary concerns.
The following Question/Answer list may help identify issues and respond to questions already identified:
1. When will the law be effective?
Upon publication in the statute book, which will be July 1, 2003.
Yes, such decisions are local. It also may be that local businesses or private funders may contribute scholarship funds to allow low-income families to send their children to preschool.
3. Are teachers in preschool programs required to have an early
childhood teacher certificate/license?
No, teachers in preschool programs are not required to have an early childhood teacher certificate/license, except for those special education and 4 year old at-risk programs in which the children are counted in the school finance law for general state aid funding.
No. See the answer to Question #4.
Maybe. According to current KDHE licensing regulations, public school preschool programs are not subject to KDHE requirements if the preschool will operate within the school for 4 or fewer hours/day. For an off-site location, regardless of hours, the preschool must meet KDHE licensure standards. The state contact in the KDHE Bureau of Child Care Licensing is Mary Murphy, 785-296-1273 or mmurphy@kdhe.state.ks.us
The amended law allows schools to charge a fee, however, we want to offer the following guidance for school programs:
funds may begin to charge fees or may continue to offer the program at no cost.
Yes, any nondisabled child who is participating in a special education early childhood program may be charged a fee to participate in the preschool program.
· If the district offers an early childhood special education “reverse-mainstreaming class” for preschoolers with disabilities and includes 50% or less nondisabled peer models, full categorical aid may be claimed for the early childhood special education teacher of this class. If more than 50% of the class is nondisabled children, the categorical aid for the early childhood special education teacher would be prorated.
· If the district offers a preschool program for typically developing children and integrates a limited number of children with disabilities (less than 50%) into this program, and if the teacher of the integrated class is an early childhood special education teacher, state categorical aid will be prorated. The children with IEPs could not be charged an instructional fee to participate in the class.
Yes, if children are not included in the district general state aid funding, then they would participate in the CACFP. Children counted in the district general state aid funding would participate under the NSLP (ECSE, 4 year old at risk).
These are decisions for local school boards and negotiated agreements.
For nondisabled preschooler children, a school district may offer transportation services or not. School districts could charge nondisabled preschooler children for transportation that would be offered. However, for preschool children with disabilities whose IEP’s call for transportation as a related service, the schools are required to provide transportation. Larry Bluthardt at KSDE is a resource, lbluthardt@ksde.org.
Again, this is a local decision. However, districts may wish to open enrollment to neighboring communities because such flexibility might allow additional children to be included from areas having limited preschool availability.
KSDE does not set class sizes. However, for preschool age children, the National Association for the Education of Young Children (NAEYC) recommends different ratios based on the child’s age: NAEYC's accreditation criteria for centers (NAEYC, 1991) indicates that, with two adults, recommended group sizes are no more than 6-8 infants, 8-12 toddlers, 14-20 preschoolers, and 16-20 kindergartners. “Smaller numbers may be necessary in the case of children with certain emotional or behavioral problems who require more intensive and direct supervision” (www.naeyc.org).
KDHE licensing requirements for Kansas preschools also sets ratios based
on ages of the children. See www.idir.net/~dccda/regs.shtml.
| Number | Ages | Requirement |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
The Early Childhood Education Quality Standards in Kansas also address
the issue of teacher-child ratio (www.kskits.org/html/bestpractice/qs.html).
See the section entitled “ PERSONNEL” and the Outcome, “ALL
PROGRAM STAFF POSSESS A HIGH LEVEL OF SKILL AND KNOWLEDGE FOR THEIR RESPECTIVE
ROLES.” Standard 2 reads: “Sufficient staff, combined
with organizational structure,
ensure positive interactions and constructive activity among children, staff,
and families.” Indicators under that standard are:
Indicator 1. Adult-child ratios are based on current research findings and
professional recommendations, considering number and ages of children, nature
of the physical setting, and number of children with special needs in the
program. When age groups are mixed, the lower ratio prevails.
Indicator 2. The adult-child ratio is sufficient to ensure adequate supervision,
frequent personal contacts, and time for individual instruction and meeting
diverse needs of all children.
Indicator 3. Time is allocated for regular, ongoing opportunities for staff
and families to work collaboratively and cooperatively as a team.
Indicator 4. The staff exhibits developmentally appropriate interaction techniques,
such as positive guidance, child-level communication, and child-initiated
interactions. Such behavior is supportive of children's cognitive, psychological,
and biological development.
Resources available to assist schools considering a regular preschool program include the Early Childhood Education Quality Standards for Kansas (available on the KSDE website www.ksde.org under Student Support Services Team, Resources. In addition, schools may access other early childhood information on these websites:
National Association for the Education of Young Children, www.naeyc.org
Kansas Association for the Education of Young Children, www.kaeyc.org
KDHE Child Care Licensing Bureau, www.kdhe.state.ks.us
Kansas Inservice Training System, www.kskits.org