Vermont § 829 - Prekindergarten education

§ 829. Prekindergarten education

• (a) Definitions. As used in this section: (1) “Prekindergarten child” means a child who, as of the date established by the district
  of residence for kindergarten eligibility, is three or four years of age or is five
  years of age but is not yet enrolled in kindergarten. (2) “Prekindergarten education” means services designed to provide to prekindergarten
  children developmentally appropriate early development and learning experiences based
  on Vermont’s early learning standards. (3) “Prequalified private provider” means a private provider of prekindergarten education
  that is qualified pursuant to subsection (c) of this section. (b) Access to publicly funded prekindergarten education. (1) No fewer than ten hours per week of publicly funded prekindergarten education shall
  be available for 35 weeks annually to each prekindergarten child whom a parent or
  guardian wishes to enroll in an available, prequalified program operated by a public
  school or a private provider. (2) If a parent or guardian chooses to enroll a prekindergarten child in an available,
  prequalified program, then, pursuant to the parent or guardian’s choice, the school
  district of residence shall: (A) pay tuition pursuant to subsections (d) and (h) of this section upon the request of
  the parent or guardian to: (i) a prequalified private provider; or (ii) a public school located outside the district that operates a prekindergarten program
  that has been prequalified pursuant to subsection (c) of this section; or (B) enroll the child in the prekindergarten education program that it operates. (3) If requested by the parent or guardian of a prekindergarten child, the school district
  of residence shall pay tuition to a prequalified program operated by a private provider
  or a public school in another district even if the district of residence operates
  a prekindergarten education program. (4) If the supply of prequalified private and public providers is insufficient to meet
  the demand for publicly funded prekindergarten education in any region of the State,
  nothing in this section shall be construed to require a district to begin or expand
  a program to satisfy that demand; but rather, in collaboration with the Agencies of
  Education and of Human Services, the local Building Bright Futures Council shall meet
  with school districts and private providers in the region to develop a regional plan
  to expand capacity. (c) Prequalification. Pursuant to rules jointly developed and overseen by the Secretaries of Education and
  of Human Services and adopted by the State Board pursuant to 3 V.S.A. chapter 25, the Agencies jointly may determine that a private or public provider of prekindergarten
  education is qualified for purposes of this section and include the provider in a
  publicly accessible database of prequalified providers. At a minimum, the rules shall
  define the process by which a provider applies for and maintains prequalification
  status, shall identify the minimum quality standards for prequalification, and shall
  include the following requirements: (1) A program of prekindergarten education, whether provided by a school district or a
  private provider, shall have received: (A) National Association for the Education of Young Children (NAEYC) accreditation; (B) at least four stars in the Department for Children and Families’ STARS system; or (C) three stars in the STARS system if the provider has developed a plan, approved by
  the Commissioner for Children and Families and the Secretary of Education, to achieve
  four or more stars. (2) A licensed provider shall employ or contract for the services of at least one teacher
  who is licensed and endorsed in early childhood education or in early childhood special
  education under chapter 51 of this title. (3) A registered home provider that is not licensed and endorsed in early childhood education
  or early childhood special education shall receive regular, active supervision and
  training from a teacher who is licensed and endorsed in early childhood education
  or in early childhood special education under chapter 51 of this title. (d) Tuition, budgets, and average daily membership. (1) On behalf of a resident prekindergarten child, a district shall pay tuition for prekindergarten
  education for ten hours per week for 35 weeks annually to a prequalified private provider
  or to a public school outside the district that is prequalified pursuant to subsection
  (c) of this section; provided, however, that the district shall pay tuition for weeks
  that are within the district’s academic year. Tuition paid under this section shall
  be at a statewide rate, which may be adjusted regionally, that is established annually
  through a process jointly developed and implemented by the Agencies of Education and
  of Human Services. A district shall pay tuition upon: (A) receiving notice from the child’s parent or guardian that the child is or will be
  admitted to the prekindergarten education program operated by the prequalified private
  provider or the other district; and (B) concurrent enrollment of the prekindergarten child in the district of residence for
  purposes of budgeting and determining average daily membership. (2) In addition to any direct costs of operating a prekindergarten education program,
  a district of residence shall include anticipated tuition payments and any administrative,
  quality assurance, quality improvement, transition planning, or other prekindergarten-related
  costs in its annual budget presented to the voters. (3) Pursuant to subdivision 4001(1)(C) of this title, the district of residence may include within its average daily membership any prekindergarten
  child for whom it has provided prekindergarten education or on whose behalf it has
  paid tuition pursuant to this section. (4) A prequalified private provider may receive additional payment directly from the parent
  or guardian only for prekindergarten education in excess of the hours paid for by
  the district pursuant to this section or for child care services, or both. The provider
  is not bound by the statewide rate established in this subsection when determining
  the rates it will charge the parent or guardian. (e) Rules. The Secretary of Education and the Commissioner for Children and Families shall jointly
  develop and agree to rules and present them to the State Board for adoption under
  3 V.S.A. chapter 25 as follows: (1) To permit private providers that are not prequalified pursuant to subsection (c) of
  this section to create new or continue existing partnerships with school districts
  through which the school district provides supports that enable the provider to fulfill
  the requirements of subdivision (c)(2) or (3), and through which the district may
  or may not make in-kind payments as a component of the statewide tuition established
  under this section. (2) To authorize a district to begin or expand a school-based prekindergarten education
  program only upon prior approval obtained through a process jointly overseen by the
  Secretaries of Education and of Human Services, which shall be based upon analysis
  of the number of prekindergarten children residing in the district and the availability
  of enrollment opportunities with prequalified private providers in the region. Where
  the data are not clear or there are other complex considerations, the Secretaries
  may choose to conduct a community needs assessment. (3) To require that the school district provides opportunities for effective parental
  participation in the prekindergarten education program. (4) To establish a process by which: (A) a parent or guardian notifies the district that the prekindergarten child is or will
  be admitted to a prekindergarten education program not operated by the district and
  concurrently enrolls the child in the district pursuant to subdivision (d)(1) of this
  section; (B) a district: (i) pays tuition pursuant to a schedule that does not inhibit the ability of a parent
  or guardian to enroll a prekindergarten child in a prekindergarten education program
  or the ability of a prequalified private provider to maintain financial stability;
  and (ii) enters into an agreement with any provider to which it will pay tuition regarding
  quality assurance, transition, and any other matters; and (C) a provider that has received tuition payments under this section on behalf of a prekindergarten
  child notifies a district that the child is no longer enrolled. (5) To establish a process to calculate an annual statewide tuition rate that is based
  upon the actual cost of delivering ten hours per week of prekindergarten education
  that meets all established quality standards and to allow for regional adjustments
  to the rate. (6) [Repealed.] (7) To require a district to include identifiable costs for prekindergarten programs and
  essential early education services in its annual budgets and reports to the community. (8) To require a district to report to the Agency of Education annual expenditures made
  in support of prekindergarten education, with distinct figures provided for expenditures
  made from the General Fund, from the Education Fund, and from all other sources, which
  shall be specified. (9) To provide an administrative process for: (A) a parent, guardian, or provider to challenge an action of a school district or the
  State when the complainant believes that the district or State is in violation of
  State statute or rules regarding prekindergarten education; and (B) a school district to challenge an action of a provider or the State when the district
  believes that the provider or the State is in violation of State statute or rules
  regarding prekindergarten education. (10) To establish a system by which the Agency of Education and Department for Children
  and Families shall jointly monitor and evaluate prekindergarten education programs
  to promote optimal results for children that support the relevant population-level
  outcomes set forth in 3 V.S.A. § 2311 and to collect data that will inform future decisions. The Agency and Department
  shall be required to report annually to the General Assembly in January. At a minimum,
  the system shall monitor and evaluate: (A) programmatic details, including the number of children served, the number of private
  and public programs operated, and the public financial investment made to ensure access
  to quality prekindergarten education; (B) the quality of public and private prekindergarten education programs and efforts to
  ensure continuous quality improvements through mentoring, training, technical assistance,
  and otherwise; and (C) the results for children, including school readiness and proficiency in numeracy and
  literacy. (11) To establish a process for documenting the progress of children enrolled in prekindergarten
  education programs and to require public and private providers to use the process
  to: (A) help individualize instruction and improve program practice; and (B) collect and report child progress data to the Secretary of Education on an annual
  basis. (f) Other provisions of law. Section 836 of this title shall not apply to this section. (g) Limitations. Nothing in this section shall be construed to permit or require payment of public
  funds to a private provider of prekindergarten education in violation of Chapter I, Article 3 of the Vermont Constitution or in violation of the Establishment Clause of the U.S. Constitution. (h) Geographic limitations. (1) Notwithstanding the requirement that a district pay tuition to any prequalified public
  or private provider in the State, a school board may choose to limit the geographic
  boundaries within which the district shall pay tuition by paying tuition solely to
  those prequalified providers in which parents and guardians choose to enroll resident
  prekindergarten children that are located within the district’s “prekindergarten region”
  as determined in subdivision (2) of this subsection. (2) For purposes of this subsection, upon application from the school board, a district’s
  prekindergarten region shall be determined jointly by the Agencies of Education and
  of Human Services in consultation with the school board, private providers of prekindergarten
  education, parents and guardians of prekindergarten children, and other interested
  parties pursuant to a process adopted by rule under subsection (e) of this section.
  A prekindergarten region: (A) shall not be smaller than the geographic boundaries of the school district; (B) shall be based in part upon the estimated number of prekindergarten children residing
  in the district and in surrounding districts, the availability of prequalified private
  and public providers of prekindergarten education, commuting patterns, and other region-specific
  criteria; and (C) shall be designed to support existing partnerships between the school district and
  private providers of prekindergarten education. (3) If a school board chooses to pay tuition to providers solely within its prekindergarten
  region, and if a resident prekindergarten child is unable to access publicly funded
  prekindergarten education within that region, then the child’s parent or guardian
  may request and in its discretion the district may pay tuition at the statewide rate
  for a prekindergarten education program operated by a prequalified provider located
  outside the prekindergarten region. (4) Except for the narrow exception permitting a school board to limit geographic boundaries
  under subdivision (1) of this subsection, all other provisions of this section and
  related rules shall continue to apply. (Added 2007, No. 62, § 3; amended 2007, No. 132 (Adj. Sess.), § 1; 2011, No. 129 (Adj. Sess.), § 9; 2013, No. 92 (Adj. Sess.), § 100, eff. Feb. 14, 2014; 2013, No. 166 (Adj. Sess.), § 1, eff. May 28, 2014; 2015, No. 11, § 13; 2017, No. 49, § 45, eff. May 23, 2017; 2021, No. 166 (Adj. Sess.), § 15, eff. July 1, 2023.)