South Carolina General Assembly
116th Session, 2005-2006

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H. 4932

STATUS INFORMATION

General Bill
Sponsors: Reps. Cotty and Clark
Document Path: l:\council\bills\ggs\22499sj06.doc

Introduced in the House on March 30, 2006
Introduced in the Senate on May 16, 2006
Last Amended on May 10, 2006
Currently residing in the Senate Committee on Education

Summary: First Steps Prekindergarten Program

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   3/30/2006  House   Introduced and read first time HJ-36
   3/30/2006  House   Referred to Committee on Education and Public Works HJ-36
   4/19/2006  House   Committee report: Favorable with amendment Education and 
                        Public Works HJ-38
   4/20/2006  House   Requests for debate-Rep(s). Walker, Moody-Lawrence, 
                        Altman, GR Smith, Owens, Skelton, Coates, Anthony, 
                        Hayes, J Brown, Jennings,  Mahaffey, and Miller HJ-35
   4/20/2006          Scrivener's error corrected
   4/26/2006  House   Member(s) request name added as sponsor: Clark
   4/26/2006  House   Debate adjourned until Thursday, April 27, 2006 HJ-70
   4/27/2006  House   Debate adjourned until Tuesday, May 2, 2006 HJ-19
    5/3/2006  House   Debate adjourned until Thursday, May 4, 2006 HJ-46
    5/4/2006  House   Debate adjourned until Tuesday, May 9, 2006 HJ-119
   5/10/2006  House   Amended HJ-65
   5/10/2006  House   Read second time HJ-90
   5/10/2006  House   Roll call Yeas-85  Nays-18 HJ-90
   5/11/2006  House   Read third time and sent to Senate HJ-71
   5/16/2006  Senate  Introduced and read first time SJ-15
   5/16/2006  Senate  Referred to Committee on Education SJ-15

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

3/30/2006
4/19/2006
4/20/2006
5/10/2006

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

AMENDED

May 10, 2006

H. 4932

Introduced by Reps. Cotty and Clark

S. Printed 5/10/06--H.

Read the first time March 30, 2006.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

See Below

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

See Below

EXPLANATION OF IMPACT:

This bill establishes a two-year pilot program that will provide full-day kindergarten for at-risk four-year-olds in the eight trial districts in Abbeville County School District et.al. vs. South Carolina. Funds are to be administered through the Department of Social Services (DSS), and both public schools and private daycare providers are eligible to receive funding.

Program Costs

There are approximately 1,496 at-risk four-year-olds living in the eight trial districts. Based on a per-child cost of $3,077 established in Section 59-35-320 (A), instructional costs would be $4,603,192 in FY06-07 and $4,741,288 in FY07-08, assuming a three percent inflation adjustment. This section also authorizes transportation vouchers of $185 per student per year for providers. The cost to transport these children would be $276,760.

Section 59-35-320 (B) authorizes DSS to approve grants of up to $10,000 for equipping new classrooms. There are already approximately 40 four-year-old classrooms serving 792 children in these districts. Therefore, 35 new classrooms would be needed. The cost to equip these classrooms would be $350,000 in the first year of the program.

Section 59-35-220 (A) states that during the pilot project period EIA funds from the four-year-old early childhood program may only be used to fund teacher salary supplement and fringe benefits. Assuming that fifty percent of the new teachers would work in public schools, the cost to provide the teacher salary supplement would be approximately $41,400 a year. It is also assumed that there would be no decrease in the $21.8 million appropriation for the Four-Year-Old Early Childhood Program.

Department of Social Services (DSS)

Section 59-35-340 establishes DSS as the fiscal agent for the pilot program. DSS will also receive and review provider applications, recommend approved providers to the State Board of Education and the First Steps to School Readiness Board of Trustees for final approval, and develop all the forms necessary to operate the program. The agency has been forwarded a copy of the bill, but to date, has not submitted the potential impact.

Education Oversight Committee

Section 59-35-350 (A) requires the Education Oversight Committee to perform a comparative study of the pilot program that is to be completed by January 1, 2008. The estimated non-recurring cost for this study is $152,060.

State Department of Education

Section 59-35-350 (B) requires that the State Department of Education issue a unique student identifier for children receiving services from private providers. The cost to implement this provision is estimated to be $36,000 in non-recurring funding for a web developer to develop an interface for private providers to access SDE's database.

Recapitulation

The cost to implement this bill, excluding DSS administrative costs will be approximately $5,459,407 in the first year and $5,409,443 in the second year. Since this is a pilot program, funding could be provided from non-recurring funding sources. Details are provided on the table below.

S.1004 Fiscal Impact Summary

Trial Districts

Item    FY 2006-2007        FY 2007-2008   

Number of Children 1,496 1,496 Children Currently Served EIA 4-K 792 792 Number of Classrooms 75 75 Existing Classrooms 40 40 New Classrooms 35 35 Per Child Cost $3,077 $3,169 Transportation $185 $185 Instruction    $4,603,192     $4,741,288

Transportation    $276,760     $276,760

Classroom Grants    $350,000     $0

Administration (SDE, EOC)    $188,060     $0

SUBTOTAL    $5,418,012     $5,018,048

EIA Teacher Salary Supplement    $41,395     $41,395

TOTAL    $5,459,407     $5,059,443

SPECIAL NOTES:

Section 59-35-220 (A) of the bill states that districts may only use Education Improvement Act funding from the four-year-old early childhood program to fund teacher salary supplements and fringe benefits. The teacher salary supplement and fringe are funded from a separate, identifiable line in the EIA budget.

Approved By:

Don Addy

Office of State Budget

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 152 OF TITLE 59 SO AS TO PROVIDE FOR A FULL-DAY, FOUR-YEAR-OLD PREKINDERGARTEN PROGRAM FOR AT-RISK CHILDREN TO BE ADMINISTERED BY FIRST STEPS, TO PROVIDE FOR THE CURRICULUM, TO PROVIDE FOR THE COLLECTION OF DATA REGARDING THE PROGRAM, TO PROVIDE FOR AN EVALUATION FOR THE PROGRAM, AND TO PROVIDE THAT THE FIRST STEPS TO SCHOOL READINESS BOARD OF TRUSTEES SHALL PROMULGATE REGULATIONS; AND TO DESIGNATE SECTIONS 59-152-10 THROUGH 59-152-160 AS ARTICLE 1, FIRST STEPS.

Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Title 59, Chapter 35 of the 1976 Code is amended by adding:

"Article 2

South Carolina Child Development Education Two-Year Pilot Program

Section 59-35-210.    (A)    There is created the South Carolina Child Development Education Two-Year Pilot Program. This program shall be available for the 2006-2007 and 2007-2008 school year on a voluntary basis. The program shall focus on the developmental and learning support that children must have in order to be ready for school and must incorporate parenting education.

(B)    As used in this chapter, the term:

(1)    'At-risk' means any child whose family income makes them eligible for the free or reduced price lunch program or Medicaid.

(2)    'Department' means the State Department of Education.

(3)    'Parent' means the natural or adoptive parent or legal guardian of a child.

(4)    'Private provider' means a provider other than a public school approved to deliver the school-year four-year-old kindergarten program described in this chapter.

(5)    'Program' means education services provided by either public or private providers to serve at-risk four-year-old children.

(6)    'Provider' means either a state approved public or private program provider chosen by the parent.

(7)    'Public provider' means a public school approved to deliver the school-year four-year-old kindergarten program described in this chapter.

(8)    'Resident school district' means the public school district in which a child resides.

Section 59-35-220.    (A)    Beginning with the 2006-2007 school year and continuing through the 2007-2008 school year, with funds appropriated by the General Assembly, the South Carolina Child Development Education Two-Year Pilot Program shall first be made available to eligible children from the following eight trial districts in Abbeville County School District et al. vs. South Carolina:

(1)    Allendale;

(2)    Dillon 2;

(3)    Florence 4;

(4)    Hampton 2;

(5)    Jasper;

(6)    Lee;

(7)    Marion 7;

(8)    Orangeburg 3.

With any remaining funds available, the pilot shall be expanded to the remaining plaintiff school districts in Abbeville County School District et al. vs. South Carolina. Priority shall be given to implementing the program in the plaintiff districts having proportionally the largest population of underserved at-risk four-year-old children. While participating in the pilot program, Education Improvement Act funding from the four-year-old early childhood program as authorized pursuant to Section 59-139-70 may only be used to fund teacher salary supplements and fringe benefits as required by Section 59-20-50. During the implementation of the pilot program, no funds appropriated by the General Assembly for this purpose shall be used to fund services to at-risk four-year-old children residing outside of the trial or plaintiff districts.

(B)    The Education Oversight Committee shall conduct an evaluation of the pilot program and shall issue a report to the General Assembly by January 1, 2008. The report shall include a comparative evaluation of children served in the pilot program and children not served in the pilot program. Additionally, based on the evaluation of the pilot program, the Education Oversight Committee shall include recommendations for the creation of and an implementation plan for phasing in the delivery of services to all four-year-old at-risk children in the State.

(C)    Annually, any unexpended funds from the prior year for this program shall be carried forward and used by the First Steps to Readiness Board of Trustees to provide services to children zero to three years of age in the districts outlined in subsection (A).

Section 59-35-230.    (A)    Each child residing in the pilot districts, who will have attained the age of four years on or before September first, of the school year, and meets the at-risk criteria established in this chapter is eligible for enrollment in the South Carolina Child Development Education Two-Year Pilot Program for one year.

(B)    The parent of each eligible child may enroll the child in one of the following programs:

(1)    A school-year four-year-old kindergarten program delivered by an approved public provider; or

(2)    A school-year four-year-old kindergarten program delivered by an approved private provider;

(C)    The parent enrolling a child must complete and submit an application to the approved provider of choice. The application must be submitted on forms prescribed in Section 59-35-250 and must be accompanied by a copy of the child's birth certificate, immunization documentation, and an appropriate free and reduced lunch application form or statement of Medicaid eligibility.

(D)    In submitting an application for enrollment, the parent agrees to comply with provider attendance policies during the school year. This shall consist of six and one-half hours of instructional time daily and one hundred eighty days per year. Pursuant to program guidelines, noncompliance with attendance policies may result in removal from the program.

(E)    No parent is required to pay tuition or fees solely for the purpose of enrolling in or attending the program established under this article. Nothing in this article prohibits charging fees for childcare that may be provided outside the times of the instructional day provided in these programs.

Section 59-35-240.    (A)    Public school providers choosing to participate in the South Carolina Four-Year-Old Child Development Kindergarten Program must submit an application to the South Carolina Department of Education. Private providers choosing to participate in the South Carolina Four-Year-Old Child Development Kindergarten Program must submit an application to the Office of First Steps to School Readiness. The application must be submitted on the forms prescribed, contain assurances that the provider meets all program criteria set forth in this article, and will comply with all reporting and assessment requirements.

(B)    Providers shall:

(1)    comply with all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, gender, national origin, religion, ancestry, or need for special education services;

(2)    comply with all state and local health and safety laws and codes;

(3)    comply with all state laws that apply regarding criminal background checks for employees and exclude from employment any individual not permitted by state law to work with children;

(4)    be accountable for meeting the education needs of the child and report regularly to the parent on his progress;

(5)    comply with all program, reporting, and assessment criteria required of providers;

(6)    maintain individual student records for each child enrolled in the program to include, but not limited to, assessment data, health data, records of teacher observations, and records of parent and teacher conferences;

(7)    designate whether extended day services will be offered to the parents of children participating in the program; and

(8)    be approved, registered, or licensed by the Department of Social Services.

(C)    Providers may limit student enrollment based upon space available. However, if enrollment exceeds available space, providers shall enroll children with first priority given to children with the lowest scores on an approved pre-kindergarten readiness assessment. Private providers shall not be required to expand their programs to accommodate all children desiring enrollment.

Section 59-35-250.    The State Department of Education and the Office of First Steps to School Readiness, in consultation with the Education Oversight Committee shall:

(1)    develop the provider application form;

(2)    develop the child enrollment application form;

(3)    develop a list of approved curricula for use in the program based upon the South Carolina content standards;

(4)    develop a list of approved pre-kindergarten readiness assessments to be used in conjunction with the program;

(5)    establish criteria for awarding new classroom equipping grants;

(6)    establish criteria for the parenting education program providers must offer; and

(7)    establish a list of early childhood related fields that may be used in meeting the lead teacher qualifications.

Section 59-35-260.    (A)    Providers of South Carolina Child Development Education Two-Year Pilot Program shall offer a complete educational program in accordance with age-appropriate instructional practice and a research based preschool curriculum aligned with school success. The program must focus on the developmental and learning support children must have in order to be ready for school. The provider must also incorporate parenting education that promotes the school readiness of preschool children by strengthening parent involvement in the learning process with an emphasis on interactive literacy.

(B)    Providers shall offer high-quality, center-based programs that must include, but shall not be limited to, the following:

(1)    employ a lead teacher with a two-year degree in early childhood education or related field or be granted a waiver of this requirement from the South Carolina Department of Education or the Office of First Steps to School Readiness;

(2)    employ an education assistant with pre-service or in-service training in early childhood education;

(3)    maintain classrooms with at least ten four-year-old children, but no more than twenty four-year-old children with an adult to child ratio of 1:10. With classrooms having a minimum of ten children, the 1:10 ratio must be a lead teacher to child ratio;

(4)    offer a full day, center-based program with six and one-half hours of instruction daily for one hundred eighty school days.

(5)    provide an approved research-based preschool curriculum that focuses on critical child development skills, especially early literacy, numeracy, and social/emotional development;

(6)    engage parents' participation in their child's educational experience that shall include a minimum of two documented conferences per year; and

(7)    adhere to professional development requirements outlined in this article.

Section 59-35-270.    Every classroom providing services to four-year-old children established pursuant to this article must have:

(1)    a lead teacher with at least a two-year degree in early childhood education or related field and who is enrolled and is demonstrating progress toward the completion of a teacher education program within four years; and

(2)    at least one education assistant per classroom who shall have the minimum of a high school diploma or the equivalent, and at least two years of experience working with children under five years old. The teaching assistant shall have completed the Early Childhood Development Credential (ECD) 101 or enroll and complete this course within twelve months of hire.

Section 59-35-280.    The General Assembly recognizes there is a strong relationship between the skills and preparation of pre-kindergarten instructors and the educational outcomes of students. To improve these educational outcomes, participating providers shall require all personnel providing instruction and classroom support to students participating in the South Carolina Child Development Education Two-Year Pilot Program to participate annually in a minimum of fifteen hours of professional development to include teaching children from poverty. Professional development shall provide instruction in strategies and techniques to address the age-appropriate progress of pre-kindergarten students in developing emergent literacy skills, including, but not limited to, oral communication, knowledge of print and letters, phonemic and phonological awareness, and vocabulary and comprehension development.

Section 59-35-290.    Both public and private providers shall be eligible for transportation funds pursuant to Section 59-35-320 for the transportation of children to and from school. Nothing herein prohibits providers from contracting with another entity to provide transportation services provided the entities adhere to the requirements of Section 56-5-195. Providers shall not be responsible for transporting students attending programs outside the district lines. Parents choosing program providers located outside of their resident district shall be responsible for transportation. When transporting four-year-old child development students, providers shall make every effort to transport them with students of similar ages attending the same school.

Section 59-35-300.    For all private providers approved to offer services pursuant to this article, the Office of First Steps to School Readiness shall:

(1)    serve as the fiscal agent;

(2)    verify student enrollment eligibility in consultation with the South Carolina Department of Social Services;

(3)    review and approve eligible providers. In considering approval of providers, consideration must be given to the provider's availability of permanent space for program service and whether temporary classroom space is necessary to provide services to any children;

(4)    coordinate oversight, monitoring, technical assistance, coordination, and training for classroom providers;

(5)    serve as a clearing house for information and best practices related to four-year-old kindergarten programs;

(6)    receive, review, and approve new classroom grant applications based on approved criteria;

(7)    coordinate activities and promote collaboration with other private and public providers in developing and supporting four-year-old kindergarten programs;

(8)    maintain a database of the children enrolled in the program; and

(9)    promulgate guidelines as necessary for the implementation of the pilot program.

Section 59-35-310.    For all public school providers approved to offer services pursuant to this article, the State Department of Education shall:

(1)    serve as the fiscal agent;

(2)    verify student enrollment eligibility in consultation with the South Carolina Department of Social Services;

(3)    review and approve eligible providers. In considering approval of providers, consideration must be given to the provider's availability of permanent space for program service and whether temporary classroom space is necessary to provide services to any children;

(4)    coordinate oversight, monitoring, technical assistance, coordination, and training for classroom providers;

(5)    serve as a clearing house for information and best practices related to four-year-old kindergarten programs;

(6)    receive, review, and approve new classroom grant applications based on approved criteria;

(7)    coordinate activities and promote collaboration with public and other private providers in developing and supporting four-year-old kindergarten programs;

(8)    maintain a database of the children enrolled in the program; and

(9)    promulgate guidelines as necessary for the implementation of the pilot program.

Section 59-35-320.    (A)    The General Assembly shall provide funding for the South Carolina Child Development Education Two-Year Pilot Program. For the 2006-2007 school year, the funded cost per child shall be three thousand seventy-seven dollars. Additionally, a reimbursement rate of one hundred eighty-five dollars per child will be appropriated to providers if the provider transports children to and from school. Providers who are reimbursed are required to retain records as required by their fiscal agent. For the 2007-2008 school year the funded cost per child shall be the same but shall be increased by the same projected rate of inflation as determined by the Division of Research and Statistics of the Budget and Control Board for the Education Finance Act.

(B)    With funds appropriated by the General Assembly, the State Department of Education shall approve grants for public providers and the Office of First Steps to School Readiness shall approve grants for private providers, of up to ten thousand dollars per class for the equipping of new classrooms.

Section 59-35-340.    Pursuant to this article, the South Carolina Department of Social Services shall:

(1)    aid the State Department of Education and the Office of First Steps to School Readiness in the verification of student enrollment eligibility;

(2)    maintain a list of all approved public and private providers;

(3)    provide the State Department of Education, the Office of First Steps to School Readiness, and the Education Oversight Committee information necessary to carry out the requirements of this article.

Section 59-35-350.    (A)    The Education Oversight Committee shall conduct a comparative evaluation of the South Carolina Child Development Education Two-Year Pilot Program and issue their findings in a report to the General Assembly by January 1, 2008. Based on information, data, and evaluation results, the Education Oversight Committee shall include as part of their report recommendations for the creation of and implementation of a statewide four-year-old kindergarten program for at-risk children. The report also shall include information and recommendations on lead teacher qualifications and options for creating comparable salary schedules for certified teachers employed by private providers.

(B)    To aid in this evaluation, the Education Oversight Committee shall determine the data necessary and both public and private providers are required to submit the necessary data as a condition of continued participation in and funding of the program. This data shall include developmentally appropriate measures of student progress. Additionally, the Department of Education shall issue a unique student identifier for each child receiving services from a private provider. The Department of Education shall be responsible for the collection and maintenance of data on the public state-funded full-day and half-day four-year-old kindergarten programs. The Office of First Steps to School Readiness shall be responsible for the collection and maintenance of data on the state-funded programs provided through private providers. The Education Oversight Committee shall use this data and all other collected and maintained data necessary to conduct a research based review of the program's implementation and assessment of student success in the early elementary grades.

Section 59-35-360.    If a section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this article is for any reason held to be unconstitutional or invalid, this holding does not affect the constitutionality or the validity of the remaining portions of this article, the General Assembly hereby declaring that it would have passed this article, and each section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words thereof may be declared to be unconstitutional, invalid, or otherwise ineffective."

SECTION    2.    This act takes effect upon approval by the Governor.

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