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S.166
Introduced by Senator Illuzzi of Essex-Orleans County, Senator Condos of
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Chittenden County, Senator Ayer of Addison County, Senator
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Bartlett of Lamoille County, Senator Collins of Franklin
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County, Senator Cummings of Washington County, Senator
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Doyle of Washington County, Senator Dunne of Windsor
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County, Senator Kittell of Franklin County, Senator Leddy of
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Chittenden County, Senator Lyons of Chittenden County,
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Senator Miller of Chittenden County, Senator Munt of
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Chittenden County, Senator Scott of Washington County,
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Senator Sears of Bennington County, Senator Snelling of
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Chittenden County, Senator Welch of Windsor County and
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Senator White of Windham County
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Referred to Committee on
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Date:
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Subject: Education; capital construction aid for building of a facility for a
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public preschool; kindergarten entrance age; average daily
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membership for pupils enrolled in kindergarten and preschool
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programs; standards for early education; Vermont kindergarten
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readiness survey
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Statement of purpose: This bill proposes to authorize the allocation of state
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capital funds for building of a facility for a public preschool program; establish
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a partial ADM weight for a pupil attending a part-day kindergarten program or
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a public preschool program; direct the state board to develop standards for
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preschool programs and licensing of preschool teachers; establish a uniform
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kindergarten entrance age of five years on or before September 1; and conduct
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a Vermont kindergarten readiness survey.
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AN ACT TO IMPROVE EARLY LEARNING OPPORTUNITIES FOR
VERMONT’S CHILDREN
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It is hereby enacted by the General Assembly of the State of Vermont:
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Sec. 1. 16 V.S.A. § 11(31) is added to read:
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(31) “Preschool” means a program which provides educational services
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for children three to five years of age.
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Sec. 2. 16 V.S.A. § 164(5) and (9) are amended to read:
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(5) Make regulations governing the licensing and qualification of all
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public school preschool, elementary, and secondary teachers, administrators,
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and other school personnel who are subject to licensing as determined by the
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state board, and for the recognition of teacher or administrator licenses issued
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by other states which will qualify a person to teach or administer in this state,
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provided such other state shall recognize by substantially reciprocal regulations
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or laws, licenses issued by this state. A license may be revoked for cause by
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the state board.
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(9) Implement and continually update standards for student performance
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in appropriate content areas and at appropriate intervals in the continuum from
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kindergarten preschool to grade 12 and methods of assessment to determine
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attainment of the standards for student performance. The standards shall be
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rigorous, challenging and designed to prepare students to participate in and
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contribute to the democratic process and to compete in the global marketplace.
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The standards shall include a standard for reading level proficiency for
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students completing grade three.
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Sec. 3. 16 V.S.A. § 165(a)(1) is amended to read:
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(1) The school shall, through a process including parents, teachers,
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students and community members, develop, implement, and annually update a
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comprehensive action plan to improve student performance within the school.
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The plan shall include goals and objectives for improved student learning and,
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educational strategies, and activities to achieve their the goals, and strategies to
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address early education opportunities for young children. The plan shall also
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address the effectiveness of efforts made since the previous action plan to
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ensure the school maintains a safe, orderly, civil, and positive learning
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environment which is free from harassment, hazing, and bullying. The school
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shall assess student performance under the plan using a method or methods of
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assessment developed under subdivision 164(9) of this title.
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Sec. 4. 16 V.S.A. § 829 is added to read:
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§ 829. SCHOOL DISTRICTS AUTHORIZED TO OPERATE OR
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CONTRACT FOR PROVISION OF PRESCHOOL PROGRAM
(a) A school district may maintain a public preschool program either by
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operating the program or contracting with one or more qualified service
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providers to maintain a program.
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(b) A preschool program operating or contracted pursuant to this section
shall, unless otherwise approved by the state board:
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(1) Provide at least 10 hours per week of educational services during
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regular public school attendance periods to each enrolled child between the
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ages of three and five whose parent or guardian is a resident of the school
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district. The state board shall define “educational services” for preschool
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children by rule.
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(2) For provision of educational services, use only teachers who have
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received a license to provide preschool educational services from the state
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board pursuant to sections 164(5) and 1692 of this title.
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(3) If services are contracted and not provided directly by the public
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school, have received a day care facilities license from the department of social
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and rehabilitation services pursuant to section 3502 of Title 33 and
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accreditation from a national early education association recognized by the
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state board by rule.
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(4) A school board may charge the parent or guardian for services in
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excess of 10 hours if they are not paid for by other state, federal, or private
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funds. In this case, the school may charge either:
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(A) at the same rate or amount for all children; or
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(B) according to an income-based sliding scale developed by the
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school district or a contracted provider.
(c) No child shall be required to attend a preschool program.
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Sec. 5. 16 V.S.A. § 1073 is amended to read:
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§ 1073. “LEGAL PUPIL” DEFINED; ACCESS TO SCHOOL
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(a) “Legal pupil” means an individual who has attained the age of five
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years on or before January 1 next following the beginning of the school year.
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However, a school district may establish and enforce a regulation which
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requires that students admitted to kindergarten have attained the age of five on
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or before any date between August 31 and January 1 September 1 of the year
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of admission to a public school.
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(b) No legal pupil, including a married, pregnant, or postpartum pupil, shall
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be deprived of or denied the opportunity to participate in or complete an
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elementary and secondary public school education. Notwithstanding the
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provisions of sections 822 and 1075 of this title, for reasons related to the
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pregnancy or birth, a pregnant or postpartum pupil may attend any approved
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public school in Vermont or an adjacent state, approved independent school in
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Vermont, or other educational program approved by the state board. The
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commissioner shall pay the educational costs for a pregnant or postpartum
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pupil attending a state board approved educational program in a 24-hour
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residential facility for up to eight months after the birth of the child. The
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commissioner may approve extension of payment of educational costs based
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on a plan for reintegration of the student into the community or for exceptional
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circumstances as determined by the commissioner. The district of residence of
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a pupil in a 24-hour residential facility shall remain responsible for
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coordination of the pupil’s educational program and for planning and
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facilitating her subsequent educational program.
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(c) An individual who is not a legal pupil shall not be enrolled in a public
school, except for:
(1) enrollment in a program of essential early education, without the
consent of the superintendent;
(2) enrollment in a preschool program if the school district maintains a
program pursuant to subsection 829 of this title; or
(3) consent of the school board.
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Sec. 6. 16 V.S.A. § 3448(a)(1) and (2) are amended to read:
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(1) Preliminary application for construction aid. A district or
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independent school eligible for assistance under section 3447 of this title,
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which intends to construct or purchase a new school or public preschool
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facility, or make extensive additions or alterations to its existing school or
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facility, and desires to avail itself of state school construction aid, shall submit
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a written preliminary application to the commissioner. A preliminary
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application shall include information required by the state board by rule and
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shall specify the need for and purpose of the project.
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(2) Approval of preliminary application. The commissioner may
approve a preliminary application if:
(A) The project or part of the project fulfills a need occasioned by:
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(i) conditions which threaten the health or safety of students or
employees;
(ii) facilities which are inadequate to provide programs required
by state or federal law or regulation;
(iii) excessive energy use resulting from the design of a building
or reliance on fossil fuels or electric space heat; or
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(iv) deterioration of an existing building; or
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(v) a decision to maintain a preschool program which will be
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operated by a school district pursuant to section 829 of this title or to renovate
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or add to a preschool facility for one of the reasons set forth in subdivision (i),
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(iii) or (iv) of this subdivision (A), or to renovate or add to a preschool facility
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in order to meet increasing demand;
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(B) The need addressed by the project cannot reasonably be met by
another means; and
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(C) The proposed type, kind, quality, size, and estimated cost of the
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project are suitable for the proposed curriculum and meet all legal standards.
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Sec. 7. 16 V.S.A. § 4001(13) and (14) are added to read:
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(13) “Part-day kindergarten” means a kindergarten program which
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offers at least ten hours of educational services per week but fewer days or
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hours than a full-day kindergarten. Full-day kindergarten shall be defined by
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rule of the state board of education.
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(14) “Preschool child” means a child enrolled in a preschool program
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maintained by a school district pursuant to section 829 of this title.
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Sec. 8. 16 V.S.A. § 4010(a) and (c) are amended to read:
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(a) On or before the first day of December during each school year, the
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commissioner shall determine the average daily membership of each school
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district for the current school year. The determination shall list separately:
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(1) resident preschool children;
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(2) resident pupils being provided part-day kindergarten;
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(3) resident pupils being provided elementary or full-time kindergarten
education; and
(2)(4) resident pupils being provided secondary education.
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(c) The commissioner shall determine the weighted long-term membership
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for each school district using the long-term membership from subsection (b) of
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this section and the following weights for each class:
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Grade Level Weight
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Preschool 0.46
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Part-day kindergarten 0.75
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Elementary or full-time kindergarten 1.0
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Secondary 1.25
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Sec. 9. TRANSITION; EFFECTIVE DATE
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(a) Of the provisions of Sec. 5 of this act:
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(1) 16 V.S.A. § 1073(c) shall take effect on July 1, 2003; and
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(2) 16 V.S.A. § 1073(a) shall take effect on July 1, 2006.
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(b) Sec. 8 of this act shall take effect on July 1, 2003. However:
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(1) In school year 2003-2004, a child attending a part-day kindergarten
shall receive a weight of 0.95.
(2) In school year 2004-2005, a child attending a part-day kindergarten
shall receive a weight of 0.90.
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(3) In school year 2005-2006, a child attending a part-day kindergarten
shall receive a weight of 0.85.
(4) In school year 2006-2007, a child attending a part-day kindergarten
shall receive a weight of 0.80.
(5) In school year 2007-2008 and each year thereafter, a child attending
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a part-day kindergarten shall receive a weight of 0.75.
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Sec. 10. KINDERGARTEN READINESS SURVEY
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(a) Beginning in school year 2004 and for each of the four years following,
the commissioner of education shall conduct a kindergarten readiness survey
which assesses the efficacy of early education efforts in Vermont.
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(b) On or before January 15, 2005 and on or before January 15 of each of
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the four years following, the commissioner shall report on the findings of the
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survey to the senate and house committees on education.
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