An Act To Enhance the Prekindergarten Experience for Maine Children
Maine Legislature, Session 123, LD 1426
Committee: Education and Cultural Affairs
Sponsors: CAIN, COURTNEY, BARSTOW, CROSTHWAITE, NORTON, PENDLETON, PINGREE, MILLS
Amends: 20-A MRSA §4251, 20-A MRSA §4252, 20-A MRSA §4253, 20-A MRSA §4254, 20-A MRSA §4256

Legislative Document 
No. 1426 
H.P.1000 
House of Representatives, March 15,2007 
An Act To Enhance the Prekindergarten Experience for Maine 
Children 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
Presented by Representative CAIN of Orono. 
Cosponsored by Senator COURTNEY of York and 
'7J'l~ 1/7. 7T/~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BARSTOW of Gorham, CROSTHWAITE of Ellsworth, NORTON of 
Bangor, PENDLETON of Scarborough, PINGREE of North Haven, Senator: MILLS of 
Somerset. 
Pnntet.l on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 20-A MRSA §4251, as amended by PL 1989, c. 548, §2, is further 
amended to read: 
§4251. Intent 
The intent of this subchapter is to encourage school administrative units to place an 
increased emphasis on instruction and curriculum for all children ages 4 to 9 under age 
lQ. This subchapter is not intended as a method of financing existing efforts but as a way 
of encouraging the development of new or expanded programs. 
This subchapter 
establishes standards for prekindergarten early childhood care and preschool education 
programs. 
Sec. 2. 20-A MRSA §4252, sub-§7, as enacted by PL 1989, c. 548, §5, is 
amended to read: 
7. Transition. Facilitate the transition of children from preschool programs to 
public school programs; aRd 
Sec. 3. 20-A MRSA §4252, sub-§8, as enacted by PL 1989, c. 548, §5, IS 
amended to read: 
8. Family outreach. Provide family outreach and support programs designed to 
improve parent-school relations and parenting skills~; and 
Sec. 4. 20-A MRSA §4252, sub-§9 is enacted to read: 
9. Prekindergarten early childhood care and preschool education. Programs to 
provide prekindergarten early childhood care and preschool education. 
Sec. 5. 20-A MRSA §4253, as amended by PL 1997, c. 534, § 1, IS further 
amended to read: 
§4253. Local early childhood programs 
School administrative units wishing to develop early childhood programs shall 
submit plan proposals for approval to the department. The department shall encourage 
broad participation and participation with regional Child Development Services System 
sites in the program and shall provide technical assistance to local school administrative 
units in submitting proposals. Any program to provide prekindergarten early childhood 
care and preschool education must be certified under section 4256. 
Sec. 6. 20-A MRSA §4254, sub-§l, as amended by PL 2005, c. 2, Pt. D, § 17 and 
as affected by §§72 and 74 and c. 12, Pt. WW, §18, is further amended to read: 
1. Allowable costs. Allowable costs are the cost of implementing approved plans; 
these costs may be added to the school unit's subsidizable costs under chapter 606-B. A 
school administrative unit is not eligible for any state subsidy or reimbursement to 
Page I - 123LR1973(Ol)-1 
support a prekindergarten early childhood care and preschool education program unless 
the program is certified in accordance with section 4256. 
Sec. 7. 20-A MRS A §4255, sub-§l, as enacted by PL 2005, c. 368, §1, IS 
amended to read: 
1. Approval process for early childhood education. An)' s6hool administFatiye tlAit 
that wishes to develop an early E~ childhood program programs developed by school 
administrative units for children 4 years of age must submit a proposal for appro¥al to the 
department are governed by this section and section 4256. Evaluation of the proposal Qy 
the department for certification under section 4256 must include consideration of at least 
the following factors: 
II 
A. 
Demonstrated coordination with other early childhood programs m the 
community to maximize resources; 
B. 
Consideration of the extended child care needs of working parents; and 
C. 
Provision of public notice regarding the proposal to the community being served, 
including the extent to which public notice has been disseminated broadly to other 
early childhood programs in the community. 
A program developed under this section must be certified under section 4256. 
Sec. 8. 20-A MRSA §4256 is enacted to read: 
§4256. Prekindergarten early childhood care and preschool education programs 
1. 
Approval process. 
A school administrative unit may not operate a 
prekindergarten early childhood care and preschool education program unless that 
program has received a certificate of approval issued by the department in accordance 
with this section. Certification is required prior to operation of a program and whenever 
there is an expansion of a program that results in one or more additional classrooms. A 
certification is valid for 3 years and may be renewed upon review by the department. The 
department shall post to its publicly accessible website all applications for certification 
under this section and, when issued, the department's certificate or denial of certification 
for a program and the reasons for its decision. 
2. Application. The department shall establish by rule application requirements for 
school administrative units seeking certification of prekindergarten early childhood care 
I 
and preschool education programs. At a minimum, the rules must require: 
A. The school administrative unit to demonstrate meaningful collaboration in the 
development of the proposed program with existing community-based child care 
providers and early care and education providers within the unit. The rules must 
require such collaboration to be evidenced by: 
(I) Written communications showing that a majority of such providers, other 
than providers who do not meet quality standards established by the department 
or providers unwilling to collaborate with the unit in a manner consistent with the 
requirements of subsection 3, paragraph A, participated in development or review 
of the proposal; or 
(2) 
A memorandum of agreement between the unit and one or more such 
providers providing for collaboration in a manner consistent with subsection 3, 
paragraph A; 
B. 
An analysis of the effect of the proposed program on any existing federally 
funded early childhood care or preschool education programs within the district, 
including the potential for the loss of federal funds for such programs; and 
C. An assessment of how the proposed program will affect access to available local 
child care. 
3. 
Approval. 
The department may approve proposed prekindergarten early 
childhood care and preschool education programs that meet the requirements of this 
section and rules adopted by the department. The department may not approve a program 
unless: 
A. 
At least 20% of the children in the program will be placed with eXlstmg 
community-based child care or early care and education providers within the unit that 
meet quality standards established by the department. 
This percentage may be 
lowered if there is insufficient capacity among existing community-based child care 
or early care and education providers to meet the 20% requirement as a result of 
providers' not meeting quality standards established by the department or not being 
willing to participate in the program. 
4. 
Rulemakine. 
The department shall adopt rules to implement this section, 
including rules establishing standards for prekindergarten early childhood care and 
preschool education programs. The standards must address at least the following and 
must be consistent with standards adopted for early childhood programs for children 4 
years of age under section 4255: 
A. Maximum class sizes; 
B. Adult to child ratios; 
C. Teacher and assistant teacher qualifications; 
D. Curricula and instruction; 
E. Student screening and assessment; 
F. Nutrition and physical environment; 
G. Access to outdoor play areas; and 
H. Family involvement and support services. 
Rules adopted pursuant to this subsection are major substantive rules as defined in Title 
5, chapter 375, subchapter 2-A. 
Sec. 9. Maine Revised Statutes headnote amended; revision clause. In the 
Maine Revised Statutes, Title 20-A, chapter 203, subchapter 2, in the subchapter 
headnote, the words "early childhood educational plans for children ages 4 to 9" are 
amended to read "early childhood care and education" and the Revisor of Statutes shall 
implement this revision when updating, publishing or republishing the statutes. 
SUMMARY 
This bill requires the Department of Education to develop standards for all 
prekindergarten early childhood care and preschool education programs developed by 
school administrative units. 
The standards are designed to ensure meaningful 
collaboration with existing community-based child care providers and early care and 
education providers and include an analysis of the effects of such programs on existing 
programs. The standards will also ensure unifonnity of standards relating to class sizes, 
adult to child ratios, teacher and assistant teacher qualifications, curricula and instruction, 
student screening and assessment, nutrition and physical environment, access to outdoor 
play areas and family involvement and support services.