MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Education; Appropriations
By: Representatives Reynolds, Moak, Calhoun, Watson
AN ACT TO CREATE THE MISSISSIPPI ENHANCED EARLY CHILDHOOD EDUCATION PILOT PROGRAM (MEECEPP); TO PROVIDE THAT THE PROGRAM SHALL BE FIRST MADE AVAILABLE DURING THE 2013-2014 SCHOOL YEAR ON A VOLUNTARY BASIS; TO REQUIRE THE PILOT PROGRAM TO FIRST BE MADE AVAILABLE TO ELIGIBLE CHILDREN FROM FIVE PILOT SCHOOLS SELECTED BY THE STATE BOARD OF EDUCATION IN EACH OF THE FOUR CONGRESSIONAL DISTRICTS; TO PROVIDE FOR THE EXPANSION OF THE PILOT PROGRAM SUBJECT TO THE AVAILABILITY OF FUNDS; TO PROVIDE THAT PRIORITY ENROLLMENT INTO THE PILOT PROGRAM SHALL BE GIVEN TO AT-RISK FOUR-YEAR-OLD CHILDREN; TO PROVIDE PARENTS THE OPTION OF HAVING A CHILD ACCEPTED IN THE PROGRAM TO ATTEND EITHER A PUBLIC OR PRIVATE FACILITY FOR EDUCATIONAL INSTRUCTION; TO REQUIRE THE PARENT TO COMPLETE AND SUBMIT AN APPLICATION TO THE APPROVED PROVIDER OF CHOICE AND PRESCRIBE THE INFORMATION REQUIRED TO ACCOMPANY THE APPLICATION; TO PRESCRIBE THE REQUIRED DAILY INSTRUCTIONAL TIME OF SIX AND ONE-HALF HOURS AND THE YEARLY DURATION OF THE SCHOOL TERM OF 180 DAYS; TO PROVIDE THAT THE PROGRAM SHALL BE ADMINISTERED BY THE STATE DEPARTMENT OF EDUCATION AND THE DEPARTMENT OF HUMAN SERVICES AND PRESCRIBE THE DUTIES OF EACH RELATING TO OPERATIONS OF PUBLIC AND PRIVATE PROVIDERS; TO ESTABLISH THE MINIMUM QUALIFICATION FOR LEAD TEACHERS AND TEACHER ASSISTANTS EMPLOYED WITH A PUBLIC OR PRIVATE PROVIDER; TO REQUIRE ALL PERSONNEL PROVIDING INSTRUCTION AND CLASSROOM SUPPORT TO STUDENTS PARTICIPATING IN THE PILOT PROGRAM TO HAVE A MINIMUM OF FIFTEEN HOURS OF PROFESSIONAL DEVELOPMENT ANNUALLY; TO PROVIDE FOR THE MANNER OF TRANSPORTATION PROVIDED TO STUDENTS AND STIPULATION ON PARENTS FOR STUDENTS ATTENDING A SCHOOL OUTSIDE OF THE DISTRICT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) There is created the Mississippi Enhanced Early Childhood Education Pilot Program (MEECEPP). This program shall be first made available for the 2013-2014 school year on a voluntary basis and shall focus on the developmental and learning support that children must have in order to be ready for school and must incorporate parenting education.
(2) Beginning with the 2013-2014 school year, with funds appropriated by the Legislature, the Mississippi Enhanced Early Childhood Education Pilot Program shall first be made available to eligible children from five (5) pilot schools selected by the State Board of Education in each of the four (4) congressional districts. With any remaining funds available, the pilot program shall be expanded to additional schools within each congressional district, such schools having a poverty index of ninety percent (90%) or greater. Priority shall be given to implementing the program first in those of districts having proportionally the largest population of underserved at-risk four-year-old children. Unexpended funds from the prior fiscal year for this program shall be carried forward and shall remain in the program. In rare instances, students with documented kindergarten readiness barriers may be permitted to enroll for a second year, or at age five (5) years, at the discretion of the State Department of Education for students being served by a public provider or at the discretion of the Department of Human Services for students being served by a private provider.
(3) Each child residing in the pilot districts, who will have attained the age of four (4) years on or before September 1, of the school year, and meets the at-risk criteria is eligible for enrollment in the Mississippi Enhanced Early Childhood Education Pilot Program for one (1) year. The parent of each eligible child may enroll the child in one (1) of the following programs:
(a) A school-year four-year-old kindergarten program delivered by an approved public provider; or
(b) A school-year four-year-old kindergarten program delivered by an approved private provider. The parent enrolling a child must complete and submit an application to the approved provider of choice. The application must be submitted on forms and must be accompanied by a copy of the child's birth certificate, immunization documentation, and documentation of the student's eligibility as evidenced by family income documentation showing an annual family income of one hundred eighty-five percent (185%) or less of the federal poverty guidelines as promulgated annually by the United States Department of Health and Human Services or a statement of Medicaid eligibility. In submitting an application for enrollment, the parent agrees to comply with provider attendance policies during the school year. The attendance policy must state that the program consists of six and one-half (6-1/2) hours of instructional time daily and operates for a period of not less than one hundred eighty (180) days per year. Under program guidelines, noncompliance with attendance policies may result in removal from the program. No parent is required to pay tuition or fees solely for the purpose of enrolling in or attending the program established under this section. Nothing in this section prohibits charging fees for childcare that may be provided outside the times of the instructional day provided in these programs. If by October 1 of the school year at least seventy-five percent (75%) of the total number of eligible MEECEPP children in a district or county are projected to be enrolled in MEECEPP, Head Start or ABC Child Care Program as determined by the State Department of Education, MEECEPP providers may then enroll pay-lunch children who score at or below the twenty-fifth (25th) national percentile on two (2) of the three (3) DIAL-3 subscales and may receive reimbursement for these children if funds are available.
(4) Public school providers choosing to participate in the program must submit an application to the State Department of Education. Private providers choosing to participate in the Mississippi Four-Year-Old Child Development Kindergarten Program must submit a joint application to the State Department of Education and the Department of Human Services. The application must be submitted on the forms prescribed, contain assurances that the provider meets all program criteria set forth in this section, and will comply with all reporting and assessment requirements. Providers shall:
(a) Comply with all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, gender, national origin, religion, ancestry, or need for special education services;
(b) Comply with all state and local health and safety laws and codes;
(c) Comply with all 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;
(d) Be accountable for meeting the education needs of the child and report at least quarterly to the parent/guardian on his progress;
(e) Comply with all program, reporting, and assessment criteria required of providers;
(f) Maintain individual student records for each child enrolled in the program to include, but not be limited to:
(i) Assessment data;
(ii) Health data;
(iii) Records of teacher observations; and
(iv) Records of parent or guardian and teacher conferences;
(g) Designate whether extended day services will be offered to the parents/guardians of children participating in the program;
(h) Be approved, registered, or licensed by the Department of Human Services; and
(i) comply with all state and federal laws and requirements specific to program providers.
SECTION 2. Public 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 shall not be required to expand their programs to accommodate all children desiring enrollment. However, private providers are encouraged to keep a waiting list for students they are unable to serve because of space limitations.
SECTION 3. (1) The State Department of Education shall:
(a) Develop the provider application form;
(b) Develop the child enrollment application form;
(c) Develop a list of approved research-based preschool curricula for use in the program based upon the Mississippi Content Standards, and provide training and technical assistance to support its effective use in approved classrooms serving children;
(d) Develop a list of approve pre-kindergarten readiness assessments to be used in conjunction with the program, and provide assessments and technical assistance to support assessment administration in approved classrooms serving children;
(e) Establish criteria for awarding new classroom equipping grants;
(f) Establish criteria for the parenting education program providers must offer;
(g) Establish a list of early childhood related fields that may be used in meeting the lead teacher qualifications;
(h) Develop a list of data collection needs to be used in implementation and evaluation of the program;
(i) Identify teacher preparation program options and assist lead teachers in meeting teacher program requirements;
(j) Establish criteria for granting student retention waivers; and
(k) Establish criteria for granting classroom size requirements waivers.
(2) Providers of the Mississippi Enhanced Early Childhood Education Pilot 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 must 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. Providers shall offer high-quality, center-based programs that must include, but shall not be limited to:
(a) Employment of a lead teacher with an associate degree in early childhood education or related field or be granted a waiver of this requirement from the State Department of Education;
(b) Employment of an education assistant with pre-service or in-service training in early childhood education;
(c) Maintaining classrooms with at least ten (10) four-year-old children, but no more than twenty (20) four-year-old children with an adult to child ratio of 1:10. With classrooms having a minimum of ten (10) children, the 1:10 ratio must be a lead teacher to child ratio. Waivers of the minimum class size requirement may be granted by the State Department of Education for public providers or by both the State Department of Education and the Department of Human Services for private providers on a case-by-case basis;
(d) Offering a full-day, center-based program with six and one-half (6-1/2) hours of instruction daily for one hundred eighty (180) school days;
(e) Providing an approved research-based preschool curriculum that focuses on critical child development skills, especially early literacy, numeracy, and social/emotional development;
(f) Engaging parents' participation in their child's educational experience that shall include a minimum of two (2) documented conferences per year; and
(g) Adhering to professional development requirements.
SECTION 4. Every classroom providing services to four-year-old children established under the provisions of this act must have a lead teacher with at least an associate 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 (4) years. Every classroom must also have at least one (1) education assistant per classroom who shall have the minimum of a high school diploma or the equivalent, and at least two (2) years of experience working with children under five (5) years old. The teaching assistant shall have completed the basic coursework for Early Childhood Development Credential (ECD) or enroll and complete this course within twelve (12) months of hire. Providers may request waivers to the credential requirement for those assistants who have demonstrated sufficient experience in teaching children five (5) years old and younger. The providers must request this waiver in writing to their designated administrative agency and provide appropriate documentation as to the qualifications of the teaching assistant.
SECTION 5. (1) The Legislature recognizes there is a strong relationship between the skills and preparation of pre-kindergarten instructors and the educational outcomes of students. To improve these education outcomes, participating providers shall require all personnel providing instruction and classroom support to students participating in the Mississippi Enhanced Early Childhood Education Pilot Program to participate annually in a minimum of fifteen (15) hours of professional development to include teaching children from poverty. Professional development should 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.
(2) Both public and private providers shall be eligible for transportation funds for the transportation of children to and from school. Nothing within this section prohibits providers from contracting with another entity to provide transportation services provided the entities adhere to the requirements of Sections 37-41-29 and 37-41-31. Providers shall not be responsible for transporting students attending programs outside the district lines. Parents choosing program providers located outside of their resident district shall be 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. Of the amount appropriated for the program, not more than One Hundred Eighty-five Dollars ($185.00) per student shall be retained by the State Department of Education for the purposes of transporting four-year-old students.
SECTION 5. (1) For all private providers approved to offer services under this act, the State Department of Education and the Department of Human Services jointly shall:
(a) Serve as the fiscal agents;
(b) Verify student enrollment eligibility;
(c) Recruit, 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;
(d) Coordinate oversight, monitoring, technical assistance, coordination, and training for classroom providers;
(e) Serve as a clearing house for information and best practices related to four-year-old kindergarten programs;
(f) Receive, review, and approve new classroom grant applications and make recommendations for approval based on approved criteria;
(g) Coordinate activities and promote collaboration with other private and public providers in developing and supporting four-year-old kindergarten programs;
(h) Maintain a database of the children enrolled in the program; and
(i) Promulgate guidelines as necessary for the implementation of the pilot program.
(2) For all public school providers approved to offer services under this act, the State Department of Education shall:
(a) Serve as the fiscal agent;
(b) Verify student enrollment eligibility;
(c) Recruit, 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;
(d) Coordinate oversight, monitoring, technical assistance, coordination, and training for classroom providers;
(e) Serve as a clearing house for information and best practices related to four-year-old kindergarten programs;
(f) Receive, review, and approve new classroom grant applications and make recommendations for approval based on approved criteria;
(g) Coordinate activities and promote collaboration with other private and public providers in developing and supporting four-year-old kindergarten programs;
(h) Maintain a database of the children enrolled in the program; and
(i) Promulgate guidelines as necessary for the implementation of the pilot program.
SECTION 6. (1) The Legislature shall provide funding for the Mississippi Enhanced Early Childhood Education Pilot Program. Beginning with the 2013-2014 school year, the funded cost per child shall be equal to or greater than the per pupil expenditure for students enrolled in and attending public schools. Eligible students enrolling with private providers during the school year shall be funded on a pro rata basis determined by the length of their enrollment. Private providers transporting eligible children to and from school shall be eligible for a reimbursement for each eligible child transported. Providers who are reimbursed are required to retain records as required by their fiscal agent. Funding to providers is contingent upon receipt of data as requested by the State Department of Education and the Department of Human Services.
SECTION 7. (1) Under the provisions of this act, the Department of Human Services shall:
(a) Maintain a list of all approved public and private providers; and
(b) Provide the State Department of Education information necessary to carry out the requirements of this act.
(2) The Department of Human Services shall be responsible for the collection and maintenance of data on the state funded programs provided through private providers.
SECTION 8. This act shall take effect and be in force from and after July 1, 2013.