Get documents about "Rule Regulations for Early Childhood Education Programs FREQUENTLY ASKED
Document Sample
Rule 11 – Regulations for Early Childhood Education Programs
FREQUENTLY ASKED QUESTIONS
Rule 11 regulates early childhood education programs established by school boards or educational
service units (ESUs) which serve children younger than kindergarten age, including categorical
programs (e.g., Early Childhood Special Education, Title I, etc.). Rule 11 contains additional
regulations which apply to early childhood education programs funded with State General Funds
through the Early Childhood Education Grant Program (Rule 11, Section 005). Currently, 38 such
programs are funded in communities across the state. Pursuant to LB 577, Rule 11 is currently under
revision.
Proposed Rule 11 Revision Questions
1. What is the current status and timeline for approval for the proposed Rule 11? A Hearing Draft of
Rule 11 was approved by the State Board of Education on November 3, 2006. A hearing is scheduled for
December 13, 2006. A report on the hearing will be presented at the January 2007 Board meeting with a
request for Board approval of Rule 11. If approved, Rule 11 will be forwarded for the Attorney General’s
approval and signature.
2. What is the approval process? Early childhood education programs established by school boards or
educational service units shall be approved by the State Board of Education pursuant to Rule 11 upon the
recommendation of the Commissioner. Approval requires compliance with the program requirements
identified in Section 004 of Rule 11. School districts file an assurance statement with NDE with program
information to document compliance. (see Section 003 of Rule 11)
3. Are there any exceptions to the 12 instructional hour/week requirement? In the proposed revision, the
program shall operate a minimum of twelve (12) instructional hours per week during the school term.
Except that programs receiving grant funds pursuant to Section 005 of Rule 11 or receiving Tax Equity and
Educational Opportunities Support Act (TEEOSA) funds shall operate a minimum of four hundred and
seventy-five (475) instructional hours per school year. (see Section 004.04 of Rule 11)
4. What if the paraeducator does not meet the 12 semester hour requirement? If the district is unable to
hire a paraeducator meeting that qualification, the district may employ a paraeducator without the
qualification as long as the paraeducator completes a minimum of six (6) semester hours or the equivalent
in training or experience within the first year of employment and meets full qualifications before the end of
the second year of employment. (see Section 004.08B of Rule 11)
5. Why is a planning period required? 79-1103(2)(a) requires each early childhood education program to
have a planning period prior to the initiation of the program. Programs should include planning as part of
their school improvement process, with ongoing annual planning to determine community needs and
identify at-risk children who do not have access to programs. (see Section 004.01 of Rule 11)
6. What is the intent of the sliding fee scale requirement? 79-1103(2)(e) requires that the budget shall
include a plan regarding use of a sliding scale formula for parent fees in order to maximize the participation
of economically and categorically diverse groups of children and to ensure that participating children and
families have access to comprehensive services. (see Section 004.02 of Rule 11)
7. Does a snack count as meeting the meal requirement of Rule 11? No. A meal is defined as either
breakfast or lunch, as described by the USDA Food Guidelines. Note that mealtime in early childhood
education programs is counted as instructional time under Rule 11. (see Section 004.07 of Rule 11) For
additional information visit the NDE Nutrition Services website http://www.nde.state.ne.us/NS/index.html.
12/8/2006 Page 1 of 4
8. Are there any exceptions to the meal requirement? In the proposed revision, early childhood education
programs receiving grant funds pursuant to Section 005 of Rule 11 or receiving Tax Equity and
Educational Opportunities Support Act (TEEOSA) funds shall serve at least one (1) meal each day that
meets USDA guidelines. (see Section 004.07 of Rule 11)
9. Can an existing group serve as the Advisory Committee? 79-1103(2)(f) requires that a local Early
Childhood Advisory Committee shall be established with membership representing families and
community members. Programs have the flexibility to use and adapt existing groups to meet this
requirement. (see Section 004.05 of Rule 11)
10. Can early childhood education programs enroll children who are age-eligible to attend
kindergarten? No. The only exception is for children with disabilities whose IEP determines that the
most appropriate placement for the child is a preschool classroom rather than kindergarten. (see Section
002.12 of Rule 11)
11. Can early childhood education programs opt to forgo the additional grant/TEEOSA requirements
regarding hours and meals, and only implement the basic program approval requirements? Yes;
unless they are a grant funded program or receive State Aid (TEEOSA).
12. Can early childhood education programs operate outside the basic approval requirements? No.
(see Section 004 of Rule 11)
13. Who can school districts contact to find out about their early childhood education program’s
approval status? (year one, year two or year three) Letters were sent to district superintendents
following the August 2006 State Board meeting. For further information, contact NDE staff listed at the
end of this document.
Special Education Questions
1. How can early childhood education programs meet the inclusion requirement if there are no children
with disabilities in the community? The intent is to be inclusive of all children, not just children with
disabilities, whenever possible. Rule 11 requires that programs shall include children verified as having
disabilities pursuant to 92 NAC 51. Programs shall integrate children of diverse social and economic
characteristics. (see Section 004.03 of Rule 11)
2. In inclusive early childhood education classrooms where general education services are offered to all
children, can a child with disabilities be charged for the general education part of the program?
Typically, no. However, a child with disabilities can be charged for any fees paid by their peers without
disabilities that are not related to their IEP; for example, field trips.
3. How are districts reimbursed for 5-year-old children with disabilities who attend an early childhood
education program rather than kindergarten? For children with disabilities who are age five and
above, regardless of the program they attend (i.e. regular kindergarten, preschool program, etc), a school
district must claim that child through the school-age special education reimbursement process. Children
who turn age 5 on or before October 15th of the current school year are considered school age. For
children with disabilities birth to age five, a school district must claim below-age-five special education
reimbursement.
State Aid Questions
12/8/2006 Page 2 of 4
1. Are 4-year-olds with disabilities who are being served in community early childhood education
programs eligible to be counted for State Aid? No, Nebraska statutes do not currently allow this.
2. When a district is providing services in natural environments (community settings) and provides a
paraeducator to work with a child, can the child with whom the paraeducator is working be counted
in State Aid? No, but the district can be reimbursed for the paraeducator with SPED funding.
3. Are reimbursements for SPED expenditures accountable receipts for State Aid purposes if children
attend a community program? Federal funds received for SPED, Title 1, and Head Start are not
accountable receipts.
4. Are 4-year-olds who are being served with Title 1 funds eligible to be counted for State Aid? Yes, if
those children are attending an approved early childhood education program.
5. Are parent fees accountable receipts for State Aid purposes? No. Currently preschool tuition and fees
are not accountable receipts.
6. Would a school district get State Aid in addition to reimbursement for SPED expenses for a child in
an approved early childhood education program? Yes, if those children are attending an approved early
childhood education program.
7. Will school districts be allowed additional spending authority? Districts may receive additional
spending authority if they have a projected formula student increase due to the addition of 4-year-olds.
8. Can early childhood education programs receive State Aid for early childhood special education
children who are age eligible to attend kindergarten. A child with disabilities would be counted in
membership based upon his/her chronological age, so if they are age-eligible for kindergarten, they would
be counted in fall membership for kindergarten. Only 4-year-olds can be counted in membership for State
Aid as part of the approved early childhood education program enrollment.
9. If a school district is contracting with an outside entity to provide early childhood education services
for a child with disabilities, does the “tuitioned student” definition under 79-1003(45) allow for State
Aid to be calculated for that child? No.
10. Operationally, how can districts count their 4-year-old children in membership for State Aid who are
being served by an ESU early childhood education program? If the ESU operates an early childhood
education classroom for the district, that classroom must meet Rule 11 requirements. School districts
receive the approval, and must be approved for three consecutive years in order to count those 4-year-olds
who will be attending kindergarten the following year in their individual districts in their membership count
for State Aid.
11. Please give specific examples of: the three year eligibility requirements; the first year for programs
to submit their qualified 4-year-old count; and the first year TEEOSA (State Aid) money will be
received by districts for both grant and approved early childhood education programs.
1. Early childhood education grant programs funded prior to 2005-06 school year (have been receiving
grant funds for at least three years), will submit their qualified 4-year-old count this fall (2006), and
will begin receiving State Aid in the 2007-08 school year.
2. Early childhood education grant programs who were initially funded in the 2005-06 school year (2006-
07 is the second year) will be able to submit their qualified 4-year-old count in September 2007, and
will receive State Aid in the 2008-09 school year.
3. For districts that do not have an early childhood education grant program, 2006-07 is year one of
approval based on compliance with Rule 11 and the LB 577 requirements for the 2005-06 school year.
12/8/2006 Page 3 of 4
If compliance is continued for three consecutive years, the district will count their qualified 4-year-olds
in September 2008, and will begin receiving State Aid in the 2009-10 school year.
12. If a Class 1 school with either an approved early childhood education program or an early childhood
education grant program is merged into a K-12 district that does not have an early childhood
education program (but is starting one) will the merged school district have two different timelines
for State Aid? No, since all property and programs of the Class 1 district are now the “property” of the
new merged district, the new classroom will be considered an expansion, not a new program.
13. What if an early childhood education program is approved for one or two years, and then has a year
when they don’t meet approval requirements. Does the three year requirement for TEEOSA (State
Aid) eligibility start over? Yes, because the statute requires that the approval must be received in three
consecutive years. See Neb. Rev. Statute 79-1003(31)
For Questions About Rule 11, Contact:
Linda Meyers (402-471-2980), linda.meyers@nde.ne.gov
Marcia Corr (402-471-0951), marcia.corr@nde.ne.gov
Jeanine Huntoon (402-471-1860), jeanine.huntoon@nde.ne.gov
Melody Hobson (402-471-0263), melody.hobson@nde.ne.gov
Jan Thelen (402-471-4319), jan.thelen@nde.ne.gov
For Questions About TEEOSA (State Aid), Contact:
Connie Knoche (402-471-3323), connie.knoche@nde.ne.gov
Russ Inbody (402-471-4320), russ.inbody@nde.ne.gov
12/8/2006 Page 4 of 4
Related docs
