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Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
April 19, 2006
H. 4932
S. Printed 4/19/06--H. [SEC 4/20/06 7:32 PM]
Read the first time March 30, 2006.
To whom was referred a Bill (H. 4932) 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, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Title 59, Chapter 35 of the 1976 Code is amended by adding:
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. The South Carolina Department of Social Services shall serve as the fiscal agent for the program during the two-year pilot.
(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 and the State Department of Education to provide funds to school districts and private providers for 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 1, 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 by the South Carolina Department of Social Services 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) 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 Social Services. 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 Education Oversight Committee, in consultation with the State Department of Education and the Office of First Steps to School Readiness, shall:
(1) develop a list of approved curricula for use in the program based upon established criteria and the South Carolina content standards;
(2) develop a list of approved pre-kindergarten readiness assessments to be used in conjunction with the program;
(3) establish criteria for awarding new classroom equipping grants;
(4) establish criteria for the parenting education program providers must offer; and
(5) 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 Social Services;
(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) verify student enrollment eligibility;
(2) coordinate oversight, monitoring, technical assistance, coordination, and training for classroom providers;
(3) serve as a clearing house for information and best practices related to four-year-old kindergarten programs;
(4) receive new classroom grant applications and make recommendations for approval based on approved criteria to the South Carolina Department of Social Services;
(5) coordinate activities and promote collaboration with other private and public providers in developing and supporting four-year-old kindergarten programs; and
(6) maintain a database of the children enrolled in the 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) verify enrollment eligibility;
(2) coordinate oversight, monitoring, technical assistance, coordination, and training for classroom teachers and educational assistants;
(3) serve as a clearing house for information and best practices related to four-year-old kindergarten programs;
(4) receive new classroom grant applications and make recommendations for approval based on approved criteria to the South Carolina Department of Social Services;
(5) coordinate activities and promote collaboration with public and other private providers in developing and supporting four-year-old kindergarten programs; and
(6) maintain a database of the children enrolled in the 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 will be appropriated to providers if they transport 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 South Carolina Department of Social Services shall approve grants, based upon the recommendations of the State Department of Education for public providers and the Office of First Steps to School Readiness 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) develop the provider application form;
(2) develop the child enrollment application form;
(3) review and recommend approved providers to the State Board of Education and to the First Steps to School Readiness Board of Trustees for final approval. 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) maintain a list of curricula meeting the criteria approved pursuant to Section 59-35-250;
(5) maintain a list of all approved public and private providers;
(6) adopt procedures for payment of providers;
(7) grant lead teacher related-field waivers pursuant to Section 59-35-250;
(8) approve grants of up to ten thousand dollars for equipping new classrooms; and
(9) promulgate guidelines necessary for the implementation of the pilot.
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. /
Renumber sections to conform.
Amend title to conform.
RONALD P. TOWNSEND for Committee.
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.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Sections 59-152-10 through 59-152-160 of the 1976 Code are designated as Article 1, First Steps.
SECTION 2. Chapter 152, Title 59 of the 1976 Code is amended by adding:
Section 59-152-310. The First Steps to School Readiness Board of Trustees shall establish prekindergarten programs in the State. The board and the Office of First Steps to School Readiness shall develop, implement, and monitor the prekindergarten programs established pursuant to this Article.
Section 59-152-320. As used in this Article:
(1) 'Board' means the First Steps to School Readiness Board of Trustees established pursuant to Section 20-7-9710.
(2) 'Office' or 'Office of First Steps' means the Office of First Steps to School Readiness.
(3) 'Prekindergarten program' or 'First Steps prekindergarten program' means the four-year-old prekindergarten program established by the First Steps to School Readiness Board of Trustees.
Section 59-152-330. (A) The First Steps prekindergarten program must be open to students who are at risk for learning problems and school failure including but not limited to students:
(1) who are eligible for free or reduced-price lunch;
(2) who were low birth-weight babies;
(3) whose parents have less than a high school education;
(4) who do not speak English as their first language; and
(5) who need protective services.
(B) Each classroom must have:
(1) at least sixteen students, but not more than twenty students;
(2) a lead teacher with a four-year degree in early childhood education or a closely related area; and
(3) an assistant teacher with preservice or inservice training in early childhood education.
(C) The program must be six and one-half hours in length and must be based on the one-hundred-eighty-day school calendar of the school district in which the program is located.
(D) The curriculum for the program must be a research-based preschool curriculum aligned with school success. The curriculum must focus on critical child development skills including literacy, numeracy, and social and emotional development, and also must include physical activity and nutrition.
(E) The program shall provide health and developmental screenings and assessments and, when necessary, direct referral to community-based services.
Section 59-152-340. The Office of First Steps to School Readiness shall develop a responsive technical assistance system for program personnel that focuses on professional development related to critical child development skills enumerated in the prekindergarten program curriculum.
Section 59-152-350. The Office of First Steps to School Readiness shall develop and implement a data system to monitor the prekindergarten programs established pursuant to this Article to include measures of the:
(1) number of children served;
(2) program curriculum used;
(3) assessments used;
(4) length of school day;
(5) type of parent education programs; and
(6) nature of service coordination.
Section 59-152-360. The Education Oversight Committee shall establish and maintain a collaborative evaluation of the prekindergarten programs established pursuant to this Article. The Education Oversight Committee shall include a research-based formative and comprehensive program evaluation and an assessment of student success in early elementary grades. The evaluation must be for a period of five years, at which time the Education Oversight Committee shall report to the First Steps to School Readiness Board of Trustees and the General Assembly.
Section 59-152-370. The Office of First Steps shall provide parents with sufficient and understandable information to determine which provider to use for his child.
Section 59-152-380. The First Steps to School Readiness Board of Trustees shall promulgate regulations necessary to carry out the duties and intent of this article."
SECTION 3. This act takes effect upon approval by the Governor.
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