KRS 157.3175: Preschool education program -- Grant allocation -- Eligibility for free

preschool education -- Program components -- Certification of fully utilized

program.

(1) Each local school district shall ensure that a developmentally appropriat e half-day

preschool education program is provided for each child who is at risk of educational

failure and who is four (4) years of age by August 1. All other four (4) year old

children shall be served to the extent placements are available. The Kentucky Board

of Education, upon the recommendation of the chief state school officer, shall adopt

administrative regulations establishing the guidelines for the program.

Administrative regulations shall establish eligibility criteria, program guidelines,

and standards for personnel.

(2) "Developmentally appropriate preschool program" means a program which focuses

on the physical, intellectual, social, and emotional development of young children.

The preschool program shall help children with their interpersonal an d socialization

skills.

(3) Funds appropriated by the General Assembly for the preschool education programs

shall be granted to local school districts according to a grant allotment system

approved by the Kentucky Board of Education. Children who are at ri sk shall be

identified based on the Federal School Lunch Program eligibility criteria for free

lunch. Appropriations shall be separate from all other funds appropriated to the

Department of Education and shall be administered in accordance with applicable

federal and state statutes and administrative regulations. Eligible local school

districts shall receive funds based on the average number of preschool children

being served on December 1 and March 1 of the prior academic year who are

appropriately identified as:

(a) Three (3) and four (4) years of age with disabilities; and

(b) Four (4) years of age identified as at risk of educational failure.

Local school districts may develop cooperative arrangements with other school

districts or organizations in accordance with KRS 157.280.

(4) A child shall be eligible for a free and appropriate preschool education and related

services if:

(a) 1. The child has been identified as a child with a disability in accordance

with the Individuals with Disabilities Education Act, 20 U.S.C. sec.

1400 et seq.; or

2. The child has been identified in accordance with the definitions and

procedures for exceptional children and youth in accordance with KRS

157.200(3)(a) to (m); and

(b) The child is three (3) or four (4) years of age by August 1.

(5) The chief state school officer shall receive and review proposals from local school

districts for grants to operate or oversee the operation of developmentally

appropriate preschool education programs. Districts may submit proposals for

implementing new services, enhancing exist ing preschool education services, or

contracting for services. In designing a local early childhood education program,

each district shall work with existing preschool programs to avoid duplication of

programs and services, to avoid supplanting federal fun ds, and to maximize Head

Start funds in order to serve as many four (4) year old children as possible.

(6) Each program proposal shall include, at a minimum:

(a) A description of the process conducted by the district to ensure that the

parents or guardians of all eligible participants have been made aware of the

program and of their right to participate;

(b) A description of the planned educational programming and related services;

(c) The estimated number of children participating in the program;

(d) Strategies for involving children with disabilities;

(e) Estimated ratio of staff to children with the maximum being one (1) adult for

each ten (10) children;

(f) The estimated percentage of children participating in the program who are at

risk of educational failure;

(g) Information on the training and qualifications of program staff and

documentation that the staff meet required standards;

(h) A budget and per-child expenditure estimate;

(i) A plan to facilitate active parental involvement in the preschool pro gram,

including provisions for complementary parent education when appropriate;

(j) Facilities and equipment which are appropriate for young children;

(k) The days of the week and hours of a day during which the program shall

operate;

(l) A plan for coordinating the program with existing medical and social services,

including a child development and health screening component;

(m) Assurances that participants shall receive breakfast or lunch;

(n) Program sites which meet state and local licensure requirements;

(o) A plan for coordinating program philosophy and activities with the local

district's primary school program;

(p) An evaluation component; and

(q) Certification from the local Head Start director that the Head Start program is

fully utilized pursuant to subsection (4) of this section.

(7) If the superintendent and local Head Start director are unable to reach an agreement

on whether a Head Start program is fully utilized, the superintendent or local Head

Start director shall notify the chief state school officer. The local Head Start director

shall provide the chief state school officer all information relevant to the utilization

of the Head Start program. Within thirty (30) days of notification from the

superintendent or local Head Start director, the chief state school officer shall make

a determination of whether a Head Start program is fully utilized and may execute

the certification required by subsection (6)(q) of this section on behalf of the local

Head Start director.

(8) Programs shall reflect an equitable geographic distribution representative of all

areas of the Commonwealth.