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Rules Governing Pre-Kindergarten ADM Eligibility
Statutory authority for these rules derives from l6 V.S.A. §§ 164(7), 165, and 4001.
Statement of Purpose
These rules are designed to assist school districts in providing quality early learning opportunities.
DEFINITIONS
Average Daily Membership (ADM). "Average daily membership" as that phrase is used in these rules, has the same definition as the definition in 16 V.S.A. § 4001 (1). The phrase, "owned and operated by the district", as that phrase is used in 16 V.S.A. § 4001 (1), includes any qualified early childhood program the school district contracts with to provide early education services.
Commissioner. "Commissioner" means the Commissioner of Education.
Developmentally Appropriate. "Developmentally appropriate" describes practices that are based upon knowledge of how children develop and learn, and are responsive to the individuals' learning strengths, interests, and needs.
Early Childhood Education. "Early childhood education", as used in these rules, has the same definition as the definition in 16 V.S.A. § 11(a) (31). "Early childhood" and "pre-kindergarten" are used interchangeably in these rules.
Early Childhood Education Programs. "Early childhood education programs" are programs established by a school district that are either provided directly by the school district or provided in centers or in homes through a contract between early childhood education service providers and the district, or both.
National Accreditation. "National accreditation" means having achieved national standards for quality established by a national accrediting agency recognized by the Commissioner and the Secretary.
Qualified. In relation to early childhood programs, "qualified" means that the programs satisfy the educator licensing and program quality standards specified in this rules.
Secretary "Secretary" means the Secretary of the Agency of Human Services (hereinafter "AHS").
Vermont Standards Board for Professional Educators (VSBPE). "Vermont Standards Board for Professional Educators (VSBPE)" means the board appointed by the State Board of Education to carry out the purpose specified in Section 5610.2 of the Rules on Licensing.
DRAFT 10-18-05 FOR DISCUSSION PURPOSES ONLY
Role of the School District
(a) A school district may establish an early childhood education program by operating its own qualified program, by contracting with early childhood education service providers to operate a qualified program, or by a combination of both.
(b) If school districts contract with qualified early childhood education providers, the contract shall clearly state the roles and responsibilities of each party.
(c) A school district shall keep accurate and confidential records of pre-kindergarten enrollments and report eligible pre-kindergarten ADM enrollments during the annual census period.
(d) A school district may not charge fees for those early childhood education services reported in its pre-kindergarten ADM enrollment.
Planning Process
(a) Before establishing an early childhood education program, a school district shall engage in a collaborative needs assessment process involving parents, school officials, a person or persons designated by the regional A H S coordinator, and community providers of early childhood programs.
(b) The results of the needs assessment process shall be reflected in the school district's action plan, in accordance with 16 V.S.A. § 165(a) (1) and § 165(a) (2f).
(c) In the case of a school district's establishment of an early childhood education program, the school district's action plan shall include strategies for promoting kindergarten readiness and for transitioning children to kindergarten.
(d) The school district shall collaborate with existing qualified community providers before establishing new early childhood education programs.
Educator Licensing Standards
(a) At least one of the educators teaching a group of children in a qualified early childhood education program shall maintain a valid Vermont educator license with an endorsement in either early childhood education or early childhood special education. In accordance with AHS rules governing the licensing of early childhood programs, a "group" of children three years old to kindergarten age shall not exceed twenty.
DRAFT 10-18-05 FOR DISCUSSION PURPOSES ONLY
(b) Each newly established early childhood education program will be allowed to have three years to come into compliance with the above educator licensing standards pursuant to a plan approved by the Commissioner and Secretary. Subsequent to any such three-year transition period, the Vermont Standards Board for Professional Educators or its designee may grant emergency and provisional licenses under Rules 5350 and 5360 to teachers in early childhood education programs upon request of a superintendent of schools. A director of an early childhood education program, with the approval of a superintendent, may request an emergency or provisional license for a teacher.
Program Quality Standards
Each qualified early childhood education program shall:
(a) Operate in accordance with the AHS rules governing the licensing of early childhood programs, and be in good regulatory standing,
(b) Offer a developmental] y appropriate early childhood education program of no fewer than six hours per week, and no fewer than thirty-five weeks per year,
(c) Align the educational program curricula with Vermont's Framework of Standards and Learning Opportunities and the Vermont Early Learning Standards,
(d) Assign no more than twenty children to any pre-kindergarten group,
(e) Meet the educator licensing standards described in the above section, and
(f) Have met one of the following conditions:
(1) attained national accreditation,
(2) obtained approval by the Commissioner and Secretary of a plan for achieving national accreditation within three years,
(3) achieved the requisite scores jointly agreed upon by the Commissioner and Secretary on the Step Ahead Recognition System (STARS) or other program quality recognition standards recognized by the Commissioner and Secretary, or
(4) obtained approval of a plan for achieving the abovementioned program recognition standards in a time period to be specified by the Commissioner and Secretary.
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Qualification Procedures; Appeals
(a) School districts shall obtain designation as a qualified early childhood education program by submitting to the Commissioner and Secretary an application on a form jointly developed by the Commissioner and Secretary. The application shall contain information necessary for the Commissioner and Secretary to determine whether the program meets the educator licensing and program quality standards set forth in these rules. The Commissioner and Secretary, within 30 days of receipt of an application, shall respond to the school district in writing that: (1) the application is granted and the program is qualified to report its pre-kindergarten students for ADM purposes; (2) the program is not qualified, enumerating the reasons therefore, and consequently may not count such students for ADM purposes; or (3) the program may be qualified as soon as it meets certain specifications outlined in the response.
(b) A school district may appeal an adverse determination of the Commissioner and Secretary by filing a request for a hearing with a hearing officer jointly appointed by the Commissioner and Secretary. Hearings shall be conducted in accordance with Rule 1230 et seq.