Current through Register Vol. 50, No. 6, December 1, 2023
RELATES TO:
KRS
65.250,
156.160,
157.3175,
158.032(3),
214.034,
34 C.F.R. Part 99
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
156.160 authorizes the Kentucky Board of
Education to promulgate administrative regulations establishing standards which
school districts shall meet in student, program, service and operational
performance.
KRS
157.3175 authorizes preschool education
programs for "at risk" four (4) year old children and authorizes that
administrative regulations be promulgated to establish eligibility criteria,
program guidelines, and standards for personnel. This administrative regulation
establishes the criteria for the preschool education program for "at risk" four
(4) year old children, including procedures for a grant allocation system,
eligibility criteria for children to be served, guidelines for program
operation, and standards for personnel.
Section
1. Definitions.
(1) "Day care"
means a program which is designed to supplement but not substitute for the
parent's responsibility for the child's protection, development and
supervision, when it is necessary or desirable for the parent or child to be
out of the home for all or part of the day or night.
(2) "Developmentally appropriate preschool
program" means a program as defined by
KRS
157.3175(2).
(3) "Double session" means a variation of the
program that operates with one (1) teacher who works with a group of children
in a morning session and a different group of children in the afternoon
session.
(4) "Screening" means a
systematic process for determining which children from the general population
may need further evaluation in a particular area.
Section 4. Interagency Agreements.
(1) A preschool facility or service provided
by a local school district, either directly or by contract or cooperative
agreement with another provider, shall meet the requirements of this
administrative regulation and all other applicable school laws and
administrative regulations.
(2) A
contract or cooperative agreement for operating the preschool program may be
negotiated with another school district, another public agency, private school
or preschool program. A nonpublic school program providing preschool services
shall be approved for that purpose by the Kentucky Board of
Education.
(3) A contract or
cooperative agreement shall be in writing and shall include at a minimum the
contents set forth in
KRS
65.250.
(4) State preschool funds may be used in a
private program if a signed contract or cooperative agreement is on file in the
district which documents that:
(a) The program
is separately incorporated from a religious institution;
(b) The program maintains a nonsectarian
board of directors;
(c) All
proceeds and debts are the property of that corporation;
(d) The program pays reasonable rent;
and
(e) The program's curriculum is
not religious in nature.
Section 5. Enrollment.
(1) Enrollment of a child in the preschool
program shall be at the discretion of the parent or legal guardian. Each local
school district shall establish and maintain an active recruitment process
which systematically assures enrollment of eligible children. This process
shall be outlined in a written plan which includes procedures for:
(a) Notification of the right to participate,
presented in the parent's primary language or natural mode of
communication;
(b) Identification
of all eligible children regardless of race, sex, creed, color, national origin
or handicapping condition;
(c)
Written documentation to demonstrate that emphasis has been given to recruiting
those eligible children not currently served by a preschool program;
and
(d) Contact to agencies and
programs serving local preschool children or their families to encourage
participation in the recruitment process, taking into account the demographic
makeup of the community and the needs of the children and their
families.
(2) Prior to
attendance, each child shall have on file:
(a)
A copy of a legal birth certificate as required by
KRS
158.032(3);
(b) A Kentucky Certificate of Immunization as
required by
KRS
214.034;
(c) A medical examination meeting
requirements of 704 KAR 4:020 conducted within six (6) months prior to entry
into the school program; and
(d)
Information as to eligibility for the National School Lunch Program.
(3) An educational record shall be
kept confidential according to the requirements of the Family Education Rights
and Privacy Act regulations, 34 CFR Part 99 .
(4) Daily attendance records shall be
maintained and submitted through the district's standard attendance reports or
an approved, verifiable alternative method. A parent or legal guardian shall be
contacted with respect to an enrolled child whose participation in the program
is irregular or who has been absent for four (4) consecutive program
days.
Section 6. Program
Operation.
(1) The local school district shall
select one (1) of the following program options:
(a) Standard half-day, five (5) day a week
program (single session);
(b)
Half-day, four (4) day a week program in single or double session, with the
fifth day for services to children and their families, such as home visits,
special experiences for children, parent training, or coordination of medical
or social services; or
(c) A
locally-designed program approved by the chief state school officer.
(2) If a double session program is
utilized, the following provisions shall be made:
(a) Time shall be allotted prior to each
session to allow staff to prepare for the session as well as give individual
attention to children entering and leaving the program;
(b) Adequate break time shall be provided for
staff during the course of the day;
(c) Staff assignments shall provide time for
parent involvement activities and coordination of services described in
subsections (5) through (8) of this section; and
(d) Maximum number of children assigned to
one (1) lead teacher shall be limited to the ratio established in Section 7(4)
of this administrative regulation.
(3) The hours of operation of the half-day
program may vary but shall provide a minimum of two and one-half (2 1/2) hours
of classroom time per day, which shall not include the time required to provide
breakfast or lunch. The program shall provide direct services for children or
parents for the minimum number of teaching days set by the local school
district for the school year.
(4)
Maximum group size for eligible children shall be twenty (20) children. The
staff ratio in the classroom shall consist of one (1) adult for a maximum of
ten (10) children pursuant to staff qualifications established in Section 7 of
this administrative regulation. Consideration shall be given to increasing the
number of staff or decreasing the group size depending upon the needs of the
children, including the needs of children with disabilities. An adult shall not
be left alone with more than ten (10) preschool children. The local school
district shall have a written policy for assistance from another adult if one
(1) adult is responsible for a group of children.
(5) The program shall allow for active
parental involvement. Consideration of the different types of family
structures, such as the single parent, foster parent and extended family, shall
be made when planning activities. At least the following opportunities shall be
made available to parents:
(a) Participation
in classroom and other preschool activities as volunteers or
observers;
(b) Parent training,
education or other activities which the parent has helped to develop;
(c) Working with the child in cooperation
with preschool staff;
(d) Meeting
with preschool and other appropriate staff regarding the child's individual
needs and progress or other two (2) way communication systems developed with
the parent; and
(e) Periodic home
visits by preschool staff, with a minimum of two (2) visits per child per year
and with the first visit conducted within sixty (60) school days after
enrollment.
(6) To meet
the comprehensive needs of children, the program shall collaborate with
medical, health, mental health and social service agencies. Information about
community services, resources and facilities shall be made available to
parents. Program staff shall assist parents in coordinating interagency
services for children and families.
(7) A local school district shall assure
through coordination with existing medical and social services that all
children participating in the program receive child development and health
screening.
(a) Health screening shall include
growth assessment, vision and hearing screening, assessment of current
immunization status, and general health status.
(b) Child development screening shall include
screening of gross and fine motor skills, cognitive functioning, communication
skills, self-help skills and social-emotional skills.
(c) Child development screening may be
accomplished through various means, including systematic observation in the
classroom or other natural setting. Screening results shall not be used for
determining placement or planning the curriculum.
(d) Child development and health screening
shall be completed within thirty (30) school days of enrollment by personnel
trained in the procedures utilized.
(e) Contact shall be made with the parent or
legal guardian if screening results indicate a need for further assessment by a
specialist, follow-up, or referral for special education and related services
or other appropriate resources.
(8) A local school shall assist the parent or
legal guardian as needed through cooperation with existing medical and social
services to obtain the physical examination required of all children prior to
school enrollment.
(9) The
preschool program shall include developmentally appropriate experiences in
cognitive, communication, social, physical, and emotional development as well
as creative expression. The preschool program shall assist young children with
their intrapersonal and interpersonal skills and in maximizing self-management
and independence. The program shall include appropriate learning activities and
teaching techniques in accordance with each child's level of comprehension and
maturation.
(10) The program shall
provide a supportive social and emotional climate which:
(a) Enhances children's understanding of
themselves as individuals, and in relation to others, by providing for
individual, small group, and large group activities;
(b) Gives children many opportunities for
success through developmentally appropriate program activities; and
(c) Provides an environment of acceptance
which helps each child develop a positive self-concept, enhance his or her
individual strengths, build ethnic pride, and facilitate social
relationships.
(11) The
program shall promote the development of intellectual skills by:
(a) Encouraging children to solve problems,
initiate activities, explore, experiment, question, and gain mastery through
learning by doing (concrete experiential learning);
(b) Promoting language understanding and use
in an atmosphere that encourages each communication among children and between
children and adults;
(c) Utilizing
a curriculum in which a variety of skills are integrated into activities
targeted toward the interests of children;
(d) Encouraging children to organize their
experiences and understand concepts;
(e) Utilizing a language experience approach
to introduce printed materials according to the individual developmental level
of the child; and
(f) Providing a
daily balance of activities in the following dimensions:
1. Indoor and outdoor;
2. Quiet and active;
3. Individual and group;
4. Large and small groups;
5. Child and staff initiated; and
6. Structured and spontaneous.
(12) The program shall
promote physical growth by:
(a) Providing
adequate indoor and outdoor space pursuant to Section 8 of this administrative
regulation;
(b) Providing
developmentally appropriate materials and equipment, in sufficient quantity to
allow choice, and providing supervised time for children to use large and small
muscles to increase their physical skills;
(c) Providing appropriate guidance while
children use equipment and materials which promote children's physical
growth;
(d) Providing breakfast or
lunch to each eligible child, pursuant to the requirements of the National
School Breakfast Program or National School Lunch Program;
(e) Providing developmentally appropriate
information regarding nutrition, involving children as feasible in the planning
and preparation of snacks and meals, and providing appropriate supervision
during meals to develop language, understanding and problem-solving skills;
and
(f) Providing developmentally
appropriate information about health as an integral part of program
activities.
(13) The
program shall promote social skills and social interactions by:
(a) Providing positive guidance with
consistent, clear rules presented in developmentally appropriate ways;
and
(b) Providing positive adult
and peer role models, focusing on the level of the child.
(14) The program shall be individualized to
meet the special needs of children by:
(a)
Having a curriculum which is relevant and reflective of the needs of the
population served (such as, bilingual or bicultural, multicultural, rural,
urban, or migrant);
(b) Having
staff and program resources reflective of the racial and ethnic population of
the children in the program; and
(c) Providing adaptations for children with
special needs.
(15) The
program shall utilize developmentally appropriate materials and equipment as
follows:
(a) Furniture, equipment and
materials shall be of sufficient quantity, quality and variety to meet the
needs of the children and shall be arranged in a way as to facilitate learning,
assure a balanced program of spontaneous and structured activities, and
encourage self-reliance in the children. Test sheets, workbooks and ditto
sheets shall not be used as they are not developmentally appropriate for
preschool children.
(b) The
equipment and materials shall be:
1.
Consistent with the specific educational objectives of the local
program;
2. Consistent with the
cultural and ethnic background of the children;
3. Geared to the age, ability, and
developmental needs of the children;
4. Safe, durable, and kept in good
condition;
5. Stored in a safe and
orderly fashion when not in use;
6.
Accessible, attractive, and inviting to the children; and
7. Designed to provide a variety of learning
experiences and to encourage experimentation and exploration.
(16) Space shall be
arranged so that children may work individually, together in small groups, and
in a large group. Space shall be arranged to provide clear pathways for
children to move from one area to another.
(17) Centers or areas in the classroom shall
include space for activities including art, blockbuilding, cooking, gross
motor, housekeeping or dramatic play, language arts or library, manipulative
materials, math or problem solving, multimedia, music, science or social
studies, and wood working.
(18)
Assessment of children within the preschool program shall be for the purpose of
planning activities and evaluating progress, and shall not be used to restrict
entry into or exit from the preschool program. The program shall include
developmentally appropriate assessment of children which:
(a) Provides for ongoing observation,
recording and evaluation of each child's growth and development for the purpose
of planning activities to suit individual needs;
(b) Is accomplished by observation or
activity with the child in familiar structured and informal
situations;
(c) Includes
information from parents;
(d) Is
used to inform parents on a regular basis regarding the child's progress in
physical, intellectual, communication, social, emotional, intrapersonal, and
interpersonal skills and development; and
(e) considers the cultural background of the
child.
(19) Children
shall not be retained in the preschool program.
(20) The preschool program shall provide
developmentally appropriate instruction to children regarding safety
procedures, such as riding the bus and emergency procedures.
(21) The preschool program shall utilize the
local school district's current safety policies regarding accident records,
medical emergency plans, fire and disaster plans, first aid, dispensing of
medications, and reporting of child abuse and neglect, with modification as
needed to accommodate young children.
Section 7. Personnel.
(1) Instructional staff in the preschool
shall include the following types of personnel:
(a) A lead teacher who meets the following
qualifications:
1. Beginning with the
2002-2003 school year, a person who holds a certificate or statement of
eligibility for a certificate in interdisciplinary early childhood education,
or has been exempted by the Kentucky Education Professional Standards Board
from additional certification in order to continue teaching in an early
childhood position. A school district may request approval from the Department
of Education to use as the instructional lead a person who meets the preschool
associate teacher qualifications and who has been employed prior to school year
2004-2005 to perform paraprofessional instructional duties pursuant to
704 KAR
3:420; or
2. Prior to the 2002-2003 school year, if a
person meeting qualifications listed in subparagraph 1 of this paragraph is not
available, interim approval shall be issued in accordance with the following
criteria:
a. Personnel with a baccalaureate or
higher degree in child development, early childhood education, or early
childhood special education;
b.
Personnel with kindergarten certification;
c. Personnel with special education
certification valid for primary grades;
d. Personnel with a master's degree,
bachelor's degree or licensure in communication disorders, speech and language,
or speech pathology;
3.
If a person who meets the qualifications established in subparagraph 1 or 2 of
this paragraph is not available, a local board may develop a training plan in
early childhood education and request approval for an individual with a minimum
of one (1) year of early childhood training or experience and a degree in
family studies, social work, psychology, nursing, or other related area,
including education if not specified under subparagraph 1 or 2 of this
paragraph.
4. A local board may
request approval for a person who meets the preschool associate teacher
qualifications to perform paraprofessional instructional duties pursuant to
704 KAR
3:420; and
(b) A teaching assistant who is an
instructional aide.
(2)
A preschool classroom shall have at least one (1) lead teacher. A teaching
assistant or other professional personnel shall be used in addition to the lead
teacher to provide an appropriate adult-child ratio in each classroom, pursuant
to Section 6(4) of this administrative regulation. A lead teacher shall provide
instructional services to a maximum of twenty (20) children, within the
parameters of subsection (4) of this section.
(3) A lead teacher shall be responsible for
organizing the classroom, providing a developmentally appropriate curriculum,
and supervising and assigning the activities of teaching assistants, student
helpers, and other noncertified staff in the preschool class. A lead teacher
shall be responsible for at least the following parental activities, described
in Section 6(5) of this administrative regulation:
(a) Parent participation in the
classroom;
(b) Parent-teacher
conferences; and
(c) A minimum of
two (2) home visits per child per year.
(4) A local school district shall assign
professional staff, including the lead teacher, to conduct parental involvement
activities and coordination with health and social services, pursuant to
Section 6(5) through (8) of this administrative regulation. A lead teacher who
has been assigned coordination responsibilities related to parent involvement
activities and health and social services and who operates double sessions
shall be considered to be going beyond responsibilities set out in subsection
(3) of this section and shall provide services to a maximum of thirty-four (34)
children total, within the adult-child ratio per classroom established in
Section 6(4) of this administrative regulation.
(5) A lead teacher shall participate in the
required number of professional development days applicable to certified
personnel in the local school district. A teaching assistant shall participate
annually in a minimum of eighteen (18) hours of professional development.
Professional development activities shall be related to the nature and needs of
young children and their families, including those with special needs. Records
shall be kept for all personnel documenting participation in professional
development training.
(6) At all
times, a program shall have a staff person on the premises who is trained in
emergency first aid and cardiopulmonary resuscitation (CPR).
Section 8. Facilities and
Transportation.
(1) A preschool program shall
operate in compliance with administrative regulations promulgated by the
Kentucky Board of Education in areas including facilities, safety, health, and
transportation.
(2) If a program is
extended to provide child care before or after the standard operating hours of
the preschool program, that portion of the program shall be considered day care
and shall meet the standards for day care facilities promulgated by the Cabinet
for Families and Children and established in 905 KAR Chapter 2 and 922 KAR
Chapter 2.
(3) A local school
district may provide transportation to preschool children. If a local school
district transports preschool children, services shall be operated in
conformance with administrative regulations pertaining to the transportation of
school children, as established in 702 KAR Chapter 5.
(4) Regardless of whether transportation is
provided, a local school district shall make provisions for safe arrival and
departure of all children, with a procedure for ensuring that preschool
children are released to the parent or a person authorized by the
parent.
Section 9.
Program Evaluation.
(1) At least annually,
parents, staff and other professionals shall be involved in evaluating the
local preschool program's effectiveness in meeting the needs of participating
children.
(2) The program
evaluation shall address:
(a) Rate of
participation by eligible children;
(b) Parental satisfaction with services
provided;
(c) Success of
participating children as they complete the preschool program and progress
through the primary school program; and
(d) Adherence to state administrative
regulations on the subject area.
(3) A local school district preschool program
shall be subject to evaluation by the Department of Education to determine the
effectiveness of the statewide preschool program.
17 Ky.R. 701;
1487; eff. 12-9-1990; 18 Ky.R. 160; 687; eff. 9-6-1991; 25 Ky.R. 2200; 2893;
eff. 6-7-1999; Crt eff. 11-16-2018.