SB613 HD1

PART I

SECTION 1. The purpose of this Act is to increase the supply and enhance the quality of early childhood education opportunities for young children in the State by:

(1) Promoting developmentally-appropriate junior kindergarten and kindergarten programs with appropriate student-to-teacher ratios, standards, curricula, and assessments; and

(2) Supporting the preparation and professional development of early childhood educators and administrators; and

(3) Increasing the availability of facilities for early childhood education programs through the identification of unused public school facilities and a new pre-plus initiative.

PART II

SECTION 2. The legislature finds that according to a 2006 junior kindergarten pilot program evaluation report commissioned by the Hawaii Educational Policy Center, additional funding and support are needed to implement a flexible, developmentally-appropriate junior kindergarten program for young children. Specifically, the junior kindergarten program requires qualified teaching professionals who will implement developmentally-appropriate standards, curricula, and assessments, in a classroom environment of one adult for every ten students.

The legislature further finds that public-private partnerships provide opportunities to address the needs of both junior kindergarten students as well as preschool-age students with special needs, who would benefit from more opportunities for inclusion. The legislature therefore encourages greater collaboration between state-funded junior kindergarten and early childhood special education programs, with private early childhood education providers, to better meet the needs of our young students.

SECTION 3. Section 302A-411, Hawaii Revised Statutes, is amended to read as follows:

"§302A-411 Junior kindergarten and kindergarten program; establishment; attendance. (a) The department shall establish and maintain junior kindergartens and kindergartens with a program of instruction as a part of the public school system; provided that:

(1) Attendance shall not be mandatory; and

(2) Charter schools shall be excluded from mandatory participation in the program.

(b) The department shall establish a two-tier junior kindergarten and kindergarten program to support the range of developmental abilities of children in junior kindergarten and kindergarten. [~~Any~~] No school [~~may~~] shall move students between junior kindergarten and kindergarten [~~as the school deems appropriate. Junior kindergarten students may graduate directly to grade one.~~] except in cases in which the movement is based on appropriate assessments determined by:

(1) The professional judgment and experience of a qualified teacher with early childhood education background and experience; or

(2) The testing of a student's academic, physical, social, and emotional abilities;

provided that beginning with the 2008-2009 school year, the department shall use assessment guidelines for determining a student's placement and for deciding a student's movement.

(c) The program shall include separate curricula for junior kindergarten and kindergarten students that are tailored to the specific needs and abilities of students in each tier. In developing the curriculum for the junior kindergarten tier, the department shall incorporate the Hawaii preschool content standards for four-year-old children and may review and consider the use of established preschool curriculum.

(d) The program shall include any or all of the following models:

(1) Classrooms composed exclusively of either junior kindergarten or kindergarten students;

(2) Coordination with public, private, or public-private entities to address the needs of junior [~~kindergarten-eligible~~] kindergarten and preschool-age special education students within the school's community[~~; and~~

~~(3)~~ ~~The blending of junior kindergarten and kindergarten students in a single classroom.~~]

[~~(c)~~] (e) Beginning with the 2004-2005 school year, a child who will be at least five years of age on or before December 31 of the school year may attend a public school kindergarten. Beginning with the 2006-2007 school year, a child who will be at least five years of age on or before August 1 of the school year may attend a public school kindergarten. Beginning with the 2006-2007 school year, a child who will be at least five years of age after August 1 and before January 1 of the school year may attend a public school junior kindergarten.

(f) The department shall give preference to qualified individuals to be placed in junior kindergarten and kindergarten programs beginning in the 2008-2009 school year, who have early childhood education credentials and experience as follows:

(1) For teachers:

(A) Early childhood education, program level PK-3 as licensed by the Hawaii teacher standards board;

(B) Elementary education, program level K-6 as licensed by the Hawaii teacher standards board, with additional coursework leading to a certificate in early childhood education; or

(C) Special education, program level K-12, as licensed by the Hawaii teacher standards board, with additional coursework leading to a certificate in early childhood education;

and

(2) For junior kindergarten educational assistants:

(A) An associate's degree in early childhood education; or

(B) A child development associate certification.

The department shall ensure that school administrators of junior kindergarten and kindergarten programs receive professional development in best practices for effective leadership of all kindergarten programs.

[~~(d)~~] (g) The department may accept gifts to establish and maintain junior kindergartens and kindergartens."

SECTION 4. The department of education shall, no later than twenty days prior to the convening of the regular session of 2008:

(1) Complete the planning and development of the appropriate curriculum for the junior kindergarten program; and

(2) Submit its findings and recommendations to the legislature on the planned junior kindergarten curricula, successful models, and assessments to be used in the placement and movement of students between junior kindergarten, kindergarten, and first grade, as well as facilities to be used for junior kindergarten.

SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2007-2008 and the same sum of so much thereof as may be necessary for fiscal year 2008-2009 for junior kindergarten teachers to achieve a student-to-teacher ratio of ten students to one teacher in junior kindergarten programs.

The sum appropriated shall be expended by the department of education for the purposes of this section.

PART III

SECTION 6. An interim report of the early learning educational task force, established by Act 259, Session Laws of Hawaii 2006, recommended increasing early educator capacity through improved access to education and training opportunities. The legislature finds that early childhood teacher training and professional development opportunities may be expanded by providing educators with greater access to state-funded financial aid and increasing the availability of distance learning and relevant early childhood education college courses.

SECTION 7. Section 304A-701, Hawaii Revised Statutes, is amended to read as follows:

"[[]§304A-701[]] Hawaii educator loans; eligibility; amounts. There is created the Hawaii educator loan program to be administered by the University of Hawaii, to provide financial support to students who complete a state-approved teacher education program and who agree to teach in the Hawaii public school system[.]; provided that ten per cent of the sums appropriated into the Hawaii educator loan program special fund shall be used to assist educators seeking associate's or bachelor's degrees in early childhood education. Eligibility shall be awarded by the university to students on a competitive basis. The amount to be loaned to a student shall be determined by the board of regents based on need for financial aid and proof of acceptance into a state-approved teacher education program at the university. The maximum amount of loans that a student may receive under this program shall be an aggregate amount equivalent to tuition payments and costs of textbooks and other instructional materials necessary to complete a state-approved teacher education program."

SECTION 8. There is appropriated out of the general revenues of the State of Hawaii the sum of $ for fiscal year 2007-2008 to be deposited into the Hawaii educator loan program special fund to assist early childhood educators who are seeking associate's or bachelor's degrees in early childhood education.

The sum appropriated shall be expended by the University of Hawaii for the purposes of this part.

SECTION 9. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2007-2008 for developmental courses for public school junior kindergarten and kindergarten teachers that will result in a 12-credit certificate in early childhood education.

The sum appropriated shall be expended by the Hawaii P-20 initiative of the University of Hawaii for the purposes of this part.

PART IV

SECTION 10. The legislature recognizes that a 2002 public-private initiative entitled "pre-plus" resulted in the development of seventeen additional preschool classroom facilities on public elementary school campuses. The department of education, department of human services, and department of accounting and general services collaborated with private early childhood education providers to increase the availability of early education opportunities for over three hundred and fifty, four-year-old children with high needs. However, more support is needed to increase the supply of suitable classrooms for early childhood programs statewide.

SECTION 11. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§302A- Early childhood education facilities; pre-plus. (a) The department, department of human services, and department of accounting and general services shall work collaboratively to develop suitable pre-plus classrooms on department of education school campuses statewide, including conversion charter school campuses, for early childhood education programs serving preschool-age children between three and five years of age.

(b) The department shall coordinate site selection, with priority given to pubic school sites that serve students predominantly of low socioeconomic status or with special needs who require full-inclusion opportunities, or schools that are in restructuring under the federal No Child Left Behind Act.

(c) The department of human services shall administer the appropriated capital improvement project funds for the planning, design, and construction of temporary facilities to support pre-plus programs on designated public school campuses. The department of human services shall collaborate with the department on the eventual transfer of capital improvement project administration.

(d) The department of accounting and general services shall implement required planning, design, and construction functions for temporary facilities to support pre-plus programs on designated public school campuses, subject to adequate department and department of human services guidance, direction, and capital improvement project funding being approved. The department of accounting and general services shall collaborate with the department on the eventual transfer of planning, design, and construction functions.

(e) The department shall procure preschool service delivery and implementation and provide general oversight of the pre-plus program. Programs shall meet quality early childhood education standards, such as Head Start performance standards, accreditation requirements of the National Association for the Education of Young Children, or the requirements of other appropriate accreditation bodies as determined by the department."

SECTION 12. Section 302A-1506.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302A-1506.5[]] Early childhood education facilities; identifying sites[.]; inspections. (a) The department of education shall identify unused public school facilities for use by early childhood education programs. Suitable empty classrooms, as determined by the department, shall be [~~inventoried for potential use in~~] prepared and utilized for early childhood education programs[.]; provided that the classrooms shall meet the licensing standards determined by the departments of education and human services. [~~Priority shall be given to facilities on sites with sufficient space for three or more classrooms to be renovated or constructed.~~]

(b) The department shall assist in the identification of possible construction sites for private providers to build early childhood education facilities.

(c) The department of human services, which currently inspects early childhood education facilities for the proper operation, sanitation, and safety of the facilities, shall submit regular reports with its findings and recommendations to the department of education. All early childhood education facilities shall be open at all times to visitation and inspection by representatives of the departments of education, human services, and health, and by the designated representatives of the respective county fire departments.

(d) The department may adopt rules pursuant to chapter 91 to effectuate this section."

SECTION 13. The director of finance is authorized to issue general obligation bonds in the sum of $ or so much thereof as may be necessary and the same sum or so much thereof as may be necessary is appropriated for fiscal year 2007-2008 for the plans, design, and construction of facilities as part of the pre-plus initiative.

The sum appropriated shall be expended by the department of human services for the purposes of this part.

SECTION 14. The appropriation made for the capital improvement project authorized by this Act shall not lapse at the end of the fiscal biennium for which the appropriation is made; provided that all moneys from the appropriation unencumbered as of June 30, 2010, shall lapse as of that date.

PART V

SECTION 15. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2007-2008 for an early childhood education specialist to focus on early childhood education, kindergarten programs, and pre-plus program administration; provided that the early childhood education specialist shall report directly to the superintendent of education.

The sum appropriated shall be expended by the department of education for the purposes of this section.

PART VI

SECTION 16. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 17. This Act shall take effect on July 1, 2050.

THE SENATE	S.B. NO.	613
TWENTY-FOURTH LEGISLATURE, 2007		S.D. 2
STATE OF HAWAII		H.D. 1