Section 92-11-005 - Additional Program and Staff Requirements for Prekindergarten Programs Serving Children Birth to Kindergarten Eligibility Age in a Center-Based Program005.01Instructional Hours. Each class in the program will operate a minimum of twelve (12) instructional hours per week during the school year. Programs receiving grant funds pursuant this Chapter or receiving Tax Equity and Educational Opportunities Support Act (TEEOSA) funds will operate a minimum of four hundred and fifty (450) instructional hours per school year. 005.01A Pursuant to the provisions of Neb. Rev Stat, § 79-213. school systems unable to meet the minimums for instructional hours due to epidemic sickness, severe storm conditions, or destruction of the school house may request permission from the Board to offer fewer than the minimum hours by submitting an affidavit sworn to by the secretary of the school board and explaining the circumstances resulting in the request.005.02Family Development and Support. Each center-based part-day or full-day prekindergarten program will provide a strong family development and support component which recognizes the central role of parents in their children's development and establishes a working partnership with each parent. The family development and support component will include, as a minimum: 005.02A Written information for families about the program's philosophy, policies, and procedures.005.02B An orientation to the program for children and families.005.02C At least two (2) home visits per year between the parent(s) and the teacher to discuss the child's development and learning. If the family decides to have the visit at location other than the home, it must be conducted at a location determined jointly by the family and teacher.005.02D Specified opportunities for program staff to dialogue with families through such activities as parent conferences, participation on advisory committees, needs assessments, participation as classroom volunteers, and flexible scheduling of meetings and events.005.02E Services based on the family's needs and interests that include but are not limited to, components that will enhance parenting skills and the family's ability to access community resources.005.03DevelopmentalIy and Culturally Appropriate Curriculum, Practices, and Assessment. The part-day or full-day center-based prekindergarten program will provide a play-oriented learning environment, which facilitates the optimal growth and development of children, with opportunities for age-appropriate learning experiences through active involvement with people and materials.005.03A A written program plan will be developed to explain and implement the program. The written program plan will include a description of how the program curriculum, practices and assessment provide a variety of developmentally appropriate, experiential activities which: 005.03A1 Promote a positive self-concept in each child. 005.03A2 Foster attachments for all children by ensuring they have consistent teachers and paraeducators daily.005.03A3 Develop social skills in each child. 005.03A4 Encourage each child to think, reason, question, and experiment.005.03A5 Foster both receptive and expressive language development and provide early Iiteracy/pre-reading experiences.005.03A6 Incorporate family literacy experiences.005.03A7 Develop an understanding of mathematical concepts including quantities of things, of time, and of space.005.03A8 Enhance each child's physical development and skills.005.03A9 Encourage sound safety, health, and nutritional practices, including avoidance of controlled substances. 005.03A10 Stimulate each child in creative expression and appreciation of the arts. 005.03A11 Include exploratory play in a language and literacy-rich environment during a majority of the daily schedule.005.03A12 Reflect and respect the diversity of races, national origins, gender, and physical and mental abilities in the larger society and with particular emphasis on the cultural and ethnic backgrounds of the children enrolled through planned activities, use of materials, and use of equipment.005.03A13 Use positive, age-appropriate techniques of child guidance including redirection, anticipation, elimination of potential problems, and encouragement.005.03A14 Use child assessment (evaluation) practices based on documentation gathered through an established system of ongoing observation and assessment to provide objective measures of each child's performance and progress in development and learning to meet the Nebraska Early Learning Guidelines: Nebraska's Birth to Five Learning and Development Standards, The summary of these standards are contained in Appendix D of this Chapter, The assessment data is will be used to plan and implement teaching strategies and activities to meet the individual needs of each child. Any formal assessment tools used will meet accepted standards of reliability and validity. Developmentally appropriate practices will be implemented for all children. Individualized support will be provided for children who are not progressing within age-expectations for literacy/pre-reading and mathematics.
005.03A15 Link the prekindergarten to the district's kindergarten/primary program through a written transition plan insuring continuity, identification, and implementation of processes necessary to facilitate the transition of children. The prekindergarten program will be included in the district school improvement plan. 005.03A16 Include a well-defined language development and early literacy emphasis, including the involvement of parents in family literacy activities.005.03A17 Provide at least one outdoor play period (weather permitting) daily. 005.04Evaluation and Quality Assurance. The program will participate in periodic program evaluations to assure program quality and positive child outcomes. The evaluation process will be designed by the Department and will include, but not be limited to the following: 005.04A An assessment of program quality.005.04B A report of child outcomes including at least one objective measure of child performance and progress.005.04C A written plan for dissemination of the results of the evaluation.005.05Program Staff. The prekindergarten program will use qualified staff as set forth below. 005.05ATeacher. Any teacher in a prekindergarten program will hold a valid Nebraska Teaching Certificate with one of the following endorsements: Early Childhood Special Education (Birth through Kindergarten), Early Childhood Inclusive (Birth through Grade 3), or Early Childhood Education (Age 3 through Grade 31. The Early Childhood Education (ape 3 through Grade 31 endorsement will not be valid for teaching children below age 3. A program may use a teacher without such an endorsement if the teacher with the Department, as part of the annual Early Childhood Program Report, a plan developed by the teacher and the cooperating college or university to complete the endorsement. The plan will require the teacher to receive at least six (6) semester hours of credit annually toward completion of the endorsement. When fifty percent (50%) of the required courses have been completed, the teacher is eligible for a provisional endorsement pursuant to 92 NAC 24.005.05BParaeducator. A paraeducator assigned to work as a member of a team in a classroom setting will have received at least twelve (12) semester hours of undergraduate or graduate credit in child development/early childhood education, or the equivalent in prior training or experience as determined by the Commissioner or his or her designee. Equivalencies include, but are not limited to the following: 005.05B1 Holding a current Child Development Associate Credential issued by the Council for Early Childhood Professional Recognition in Washington, D.C. will be an equivalent for the twelve (12) semester hour requirement.005.05B2 Holding a current Nebraska teaching certificate with a K-6 elementary endorsement will be an equivalent for the twelve (12) semester hour requirement.005.05B3 Each two (2) years of employment in a program serving children birth through second grade s will be an equivalency for three (3) credit hours of the twelve (12) semester hour requirement. Four or more years of experience may count for a maximum of six (6) of the twelve (12) semester hour requirement.005.05B4 Early childhood training hours (including web-based training) provided by or sponsored by the Nebraska Department of Education Office of Early Childhood will count toward the twelve (12) semester hour requirement. Fifteen (15) clock hours constitute one (1) semester hour.005.05B5 The program may employ a paraeducator who does not meet the twelve (12) semester hour requirement 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 the full twelve (12) semester hour requirement before the end of the second year of employment.005.05CHome Visitor The prekindergarten program may employ a home visitor in a center-based program who provides family development and support services under the direction of a teacher. The home visitor will have at least twelve (12) semester hours of undergraduate or graduate credit in one or a combination of the following areas: (i) Early Childhood Education;(ii) Early Childhood Special Education;(iv) Human Services. Nursing. Social Work. Sociology or Psychology, including cotirsework in the area of family centered practices or child and youth development.005.05C.1 The program may employ a home visitor who does not meet the twelve (12) semester hour requirement as long as the home visitor completes a minimum of six (6) semester hours or the equivalent in training or experience within the first year of employment and meets the full twelve (12) semester hour requirement before the end of the second year of employment. Equivalencies include, but are not limited to the following: 005.05C1A Holding a current Child Development Associate Credential issued by the Council for Early Childhood Professional Recognition in Washington. D.C. will be an equivalent for the twelve (121 semester hour requirement, 005.05C1B Holding a current Nebraska teaching certificate with a K-6 elementary endorsement will be an equivalent for the twelve (12) semester hour requirement.005.05C1C Each two (2) years of employment in a program serving children birth through second grade will be an equivalency for three (3) credit hours of the twelve (12) semester hour requirement. Four or more years of experience may count for a maximum of six (6) of the twelve (12) semester hour requirement.005.05C1D Holding a "Nebraska Home Visitor certificate will be equivalent to three (3) semester hours.005.05C1E Early childhood training hours (Including web-based training) provided by or sponsored by the Nebraska Department of Education Office of Early Childhood will count toward the twelve (12) semester hour requirement. Fifteen (15) clock hours constitute one semester hour,005.05DOrientation, All staff working in the prekindergarten program will be provided with an orientation prior to having direct responsibility for the care and teaching of children or for providing family and development services. The orientation will include job duties and responsibilities, building safety procedures, information about the state law regarding reporting suspected cases of child abuse and neglect under Neb. Rev. Stat. § 28-711, child assessment information, and daily routines and schedules.005.05ELanguage Resource. If the majority of children enrolled in the program use a common language other than spoken English, at least one staff member who uses such language will be available as an active participant to communicate with such children in classroom and group experiences. Where less than a majority of the children enrolled in the program speak a language different from the rest, one staff member or a community resource person or parent will be identified to serve as a resource to the program.005.05FStaff Development Plan. There will be a written plan detailing staff development opportunities for all teachers, paraeducators and home visitors working in the program who have regular contact with children and their families. The written plan will include a professional development goal, the strategies for meeting the goal and a timeline for completion. The written plan will be reviewed and updated annually.005.05GStaff Development Hours. Teachers, and paraeducators and home visitors who have regular contact with children in early childhood programs will participate annually in at least fifteen (15) clock hours of Early Childhood Training Center approved staff development. All staff development will relate to prekindergarten or child development.005.05HBackground checks. Program staff who are not required to hold a Nebraska Teaching Certificate and who have contact with children will be checked by program administration against the Nebraska Central Registry of Child Abuse and Neglect and the Nebraska Adult Protective Services Registry, before being hired. No person or persons may be hired or remain employed who has a felony conviction nor any misdemeanor conviction involving abuse, neglect or sexual misconduct as further defined and identified in 92 NAC Chapter 21 sections 003.12 and 003.13.005.06Child/Staff Ratio and Group Size. Child/staff ratios and group sizes will be maintained as indicated below with staff assigned who meet the qualifications described in Section 005.06. When age groups are mixed, the lower ratio will prevail.005.06A If the program serves infants, at least one (1) staff member in the classroom setting s will hold a valid Nebraska Teaching Certificate. A paraeducator or an additional certificated teacher will be assigned to assure a ratio of at least one (1) adult for each four (4) children with a maximum group size of eight (8).005.06B If the program serves toddlers, at least one (1) staff member in the classroom setting will hold a valid Nebraska Teaching Certificate. A paraeducator or an additional certificated teacher will be assigned to assure a ratio of at least one (1) adult for each six (6) children with a maximum group size of twelve (12).005.06C If the program serves preschoolers, at least one (1) staff member in the classroom setting s will hold a valid Nebraska Teaching Certificate for each group of twenty (20) children. A paraeducator or an additional certificated teacher will be assigned to assure a ratio of at least one (1) adult for each ten (10) children with a maximum group size of twenty (20).005.06D In full-day programs where children nap, the certified teacher may be out of the classroom during the nap period as long as the children are adequately supervised by other staff and the teacher is readily available.005.07Facilities, Equipment. Health and Safety005.07A Classroom settings will provide at least thirty-five (35) square feet per child of space usable by the children.005.07B An outdoor play area that is protected by fences or physical barriers will be available which provides at least seventy-five (75) square feet per child of play space. 005.07B1 The fence or physical barrier will be of a type of structure that is a continuous barrier and is at least 36 inches in height, flush with the ground, and without any gaps that would allow a child to exit the protected area.005.07C Each classroom setting and outdoor play area will be equipped with safe, durable, age-appropriate equipment and materials for indoor and outdoor activities.005.07D If needed, modifications of the equipment, materials, and activities will be made to assure maximum participation in the ongoing activities of the program for children with disabilities attending the program.005.07E Equipment and materials will be organized into clearly defined areas of interest-that are arranged to encourage independent choice; cooperative activity; and alteration between quiet and active exploration and teacher-and child-initiated activities.005.07F Each prekindergarten program will maintain safe, healthful, and sanitary conditions within the facilities used for the program and on the outdoor playground and meet applicable fire, safety, and health codes.005.07G At least one (1) staff member per class who has received first aid and CPR training specifically designed for children will be on duty with the children at all times. Written verification of current training will be available.005.08Meals and/or Snacks. The program will provide all children in each class at least one meal and/or snack that meets USDA Child Nutrition Program guidelines each day. All tables used for meals and snack s will be properly sanitized.005.09Immunizations. The school district will comply with all state statutes and regulations regarding the immunization status of all enrolled children.005.10 Supervision. Adequate and appropriate supervision will be provided at all times children are in attendance, including during outdoor play and field trips. Adequate and appropriate supervision includes, but is not limited to, knowing the whereabouts and being within sight or sound of children at all times.005.11 Toileting. The program will ensure the toileting needs of all children are met immediately. The program will ensure wet and/or soiled clothing is changed immediately.005.12Infants and Toddlers. Programs serving children birth to age 3 will meet the following requirements:005.12A The physical, emotional and social needs of infants and toddlers will be met consistently and promptly;005.12B Formula and feeding schedules will be obtained from parents;005.12C Infants will not sleep with bottles;005.12D Bottles will not be propped;005.12E If formula is used, it will be a commercially made product;005.12F All breast milk and prepared formula will be refrigerated and clearly labeled with the child's name and discard date; and unused prepared formula will be discarded as indicated by the label;005.12G Unfrozen breast milk will be discarded 48 hours after being expressed; and frozen breastmilk will be discarded three months after being expressed;005.12H Only highchairs with three point safety straps will be used;005.12I Infants will be placed on their backs to sleep except in cases where there is a medical reason the child will not sleep on its back; and written verification of the medical reason from the child's physician s will be available;005.12J Wet or soiled diapers s will be changed immediately and disposed of in a sanitary manner;005.12K Individual cleaning cloths will be used for diapering;005.12L Diaper changing surfaces will be cleaned and disinfected after each use and staff will use proper hand washing techniques after each diaper change;005.12M Toileting will be done in a manner agreed upon with the parent;005.12N Potty chairs will be cleaned, disinfected, and properly stored away from play areas;005.12O All cribs and playpens will meet federal safety standards as indicated by the Consumer Product Safety Commission; and005.12P All cribs and playpens s will not contain any soft objects, bumper pads, toys or loose bedding.005.13Sixpence Programs. School districts that receive Early Childhood Endowment birth to three grants, also referred to as Sixpence programs, may be required to meet additional grant-related program requirements established by the Endowment Board of Trustees.92 Neb. Admin. Code, ch. 11, § 005
Amended effective 3/18/2020