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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING SECTION 59-35-10 AS ARTICLE 1, CHAPTER 35, TITLE 59, ENTITLED "KINDERGARTENS", AND BY ADDING ARTICLE 3 TO CHAPTER 35 OF TITLE 59 SO AS TO PROVIDE FOR THE SOUTH CAROLINA CHILD DEVELOPMENT EDUCATION PROGRAM FOR AT-RISK CHILDREN, TO DEFINE CERTAIN TERMS, TO PROVIDE AN ORDER OF PRIORITY IN WHICH AT-RISK CHILDREN MUST BE SERVED, TO PROVIDE ENROLLMENT AND THE ENROLLMENT APPLICATION PROCESS TO BE SUBMITTED TO THE OFFICE OF FIRST STEPS TO SCHOOL READINESS, TO PROVIDE FOR THE DUTIES OF PROGRAM PROVIDERS, TO PROVIDE THE DUTIES OF THE STATE DEPARTMENT OF EDUCATION, THE OFFICE OF FIRST STEPS TO SCHOOL READINESS, AND THE EDUCATION OVERSIGHT COMMITTEE, TO PROVIDE THE MINIMUM REQUIREMENTS FOR TEACHERS IN THE PROGRAM AND PROVIDE FOR PERSONNEL INSTRUCTION AND PROFESSIONAL DEVELOPMENT, TO PROVIDE FOR TRANSPORTATION OF CHILDREN TO AND FROM SCHOOL, TO PROVIDE THE DUTIES OF THE OFFICE OF FIRST STEPS TO SCHOOL READINESS TO PRIVATE PROVIDERS, TO PROVIDE FOR THE DUTIES OF THE DEPARTMENT OF EDUCATION TO PUBLIC PROVIDERS, TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL PROVIDE FUNDING FOR THE SOUTH CAROLINA CHILD DEVELOPMENT EDUCATION PROGRAM, TO PROVIDE FOR THE APPROVAL OF GRANTS FOR PRIVATE PROVIDERS, TO PROVIDE THE DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES IN REGARD TO THE PROGRAM, AND TO PROVIDE FOR AN EVALUATION OF THE PROGRAM BY THE EDUCATION OVERSIGHT COMMITTEE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1 Section 59-35-10 of the 1976 Code is designated as Article 1, Chapter 35, Title 59 entitled "Kindergartens".
SECTION 2. Title 59, Chapter 35 of the 1976 Code is amended by adding:
Section 59-35-310. (A) There is created the South Carolina Child Development Education Program. Beginning with the 2008-09 school year, this program must be available each 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:
(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 pursuant to 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 pursuant to this chapter.
(8) 'Resident school district' means the public school district in which a child resides.
Section 59-35-320. (A) Beginning with the 2008-09 school year, with funds appropriated by the General Assembly, the South Carolina Child Development Education Program must be made available to all at-risk four-year-old children in the State. If funds appropriated by the General Assembly are insufficient to serve all at-risk children in the State, children must be served in the following priority order:
(1) first, school districts serving a population with a poverty level of at least seventy percent and school districts previously receiving funds through a pilot program;
(2) second, school districts serving a population with a poverty level at least fifty percent; and
(3) third, school districts serving a population with a poverty level less than fifty percent.
Annual figures from the Division of Research and Statistics, Budget and Control Board must be used to determine the level of poverty of a school district.
(B) Annually, any unexpended funds from the prior year for this program must be carried forward and used for nonrecurring expenditures by the first Steps to Readiness Board of Trustees to provide services to children zero to three years of age.
Section 59-35-330. (A) Each child 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 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 shall complete and submit an application to the approved provider of choice. The application must be submitted on forms prescribed in Section 59-35-350 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. An attendance policy must 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) A parent is not required to pay tuition or fees solely for the purpose of enrolling in or attending the program established pursuant to 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 59-35-340. (A) Public school providers choosing to participate in the South Carolina Child Development Education Program must submit an application to the South Carolina Department of Education. Private providers choosing to participate in the South Carolina Child Development Education 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 federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, gender, national origin, religion, ancestry, and need for special education services;
(2) comply with state and local health and safety laws and codes;
(3) comply with 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 the 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 before the first day of school.
(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 are not required to expand their programs to accommodate all children desiring enrollment.
Section 59-35-350. 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 59-35-360. (A) Providers of South Carolina Child Development Education 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 shall 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 not be limited to:
(1) employing 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) employing an education assistant with pre-service or in-service training in early childhood education;
(3) maintaining 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) offering a full-day, center-based program with six and one-half hours of instruction daily for one hundred eighty school days;
(5) providing an approved research-based preschool curriculum that focuses on critical child development skills, especially early literacy, numeracy, and social and emotional development;
(6) engaging parents' participation in their child's educational experience that must include at least two documented conferences per year; and
(7) adhering to professional development requirements outlined in this article.
Section 59-35-370. 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 59-35-380. 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 Program to participate annually in at least fifteen hours of professional development to include teaching children from poverty. Professional development must 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 59-35-390. Both public and private providers are eligible for transportation funds pursuant to Section 59-35-420 for the transportation of children to and from school. Nothing in this article prohibits providers from contracting with another entity to provide transportation services provided the entities adhere to the requirements of Section 56-5-195. Providers are not responsible for transporting students attending programs outside the district lines. Parents choosing program providers located outside of their resident district are 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 59-35-400. 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 clearinghouse 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 program.
Section 59-35-410. 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 clearinghouse 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 program.
Section 59-35-420. (A) The General Assembly shall provide funding for the South Carolina Child Development Education Program. For the 2008-09 school year, the funded cost per child must be three thousand two hundred nineteen dollars. Additionally, a reimbursement rate of one hundred eighty-five dollars per child must 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. The funded cost per child and transportation reimbursement rate must be increased annually 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 59-35-440. 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; and
(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 59-35-450. (A) The Education Oversight Committee shall conduct an evaluation of the South Carolina Child Development Education Program beginning with the 2009-10 school year and report every three years. This ongoing evaluation must look at both program quality and program impact. Based on information, data, and evaluation results, the Education Oversight Committee shall include as part of their report recommendations for program improvement. The report shall include, but not be limited to, information and recommendations on lead teacher qualifications, options for creating comparable salary schedules for certified teachers employed by private providers, program procedures, assessments, and curriculum. In evaluating the program impact, the evaluation must include, but not be limited to, student test performance by content as the students progress from kindergarten through twelfth grade and grade retention or promotion and progress through to high school graduation.
(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 is 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 is 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.
Section 59-35-460. The State Department of Education, the Office of First Steps to School Readiness, the Department of Social Services, and the Education Oversight Committee collaboratively shall establish an ongoing public information campaign to apprise the public of the availability of the State's four-year-old kindergarten program and its education options.
Section 59-35-470. 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 3. This act takes effect upon approval by the Governor.
This web page was last updated on Monday, June 22, 2009 at 2:35 P.M.