TITLE 8 SOCIAL SERVICES
CHAPTER 18 PRE-KINDERGARTEN PROGRAMS
PART 2 UNIFORM STANDARDS
8.18.2.1 ISSUING AGENCY: Children, Youth and Families Department
[8.18.2.1 NMAC - N,
01/31/2007]
8.18.2.2 SCOPE: This rule applies to all early care and education
programs that are licensed by CYFD or other appropriate authority, such as
child care centers, head start programs and family child care providers.
[8.18.2.2 NMAC - N,
01/31/2007]
8.18.2.3 STATUTORY AUTHORITY: PRE-KINDERGARTEN ACT, NMSA
1978, 32-A-23-1, et.seq. (as
amended)
[8.18.2.3 NMAC - N,
01/31/2007]
8.18.2.4 DURATION: Permanent.
[8.18.2.4 NMAC - N,
01/31/2007]
8.18.2.5 EFFECTIVE
DATE: 01/31/2007,
unless a later date is cited at the end of a section.
[8.18.2.5 NMAC - N,
01/31/2007]
8.18.2.6 OBJECTIVE: This
rule seeks to implement a state-funded pre-kindergarten program through
children, youth and families department and addresses collaboration with public
education department, program requirements, pre-kindergarten eligibility, requests for proposals and contracts for services.
[8.18.2.6 NMAC - N,
01/31/2007]
8.18.2.7 DEFINITIONS: The
following definitions are identical to those contained in the Pre-Kindergarten
Act unless otherwise specified herein.
A. “Community” means an area
defined by school district boundaries, tribal boundaries or joint boundaries of
a school district and tribe or any combination of school districts and tribes.
B. “CYFD” means the children, youth and families department.
C. “Early childhood development
specialist” means the adult teacher or teacher assistant responsible for
working directly with four-year-old children in implementing pre-kindergarten
services.
D. “Eligible provider” means
a program licensed by the children, youth and families department that provides
early childhood development readiness services or preschool special education, or
is a public school, tribal program or head start program.
E. “Pre-kindergarten or pre-k” means
a voluntary developmental readiness program for children who have attained
their fourth birthday prior to September 1.
F. “Pre-kindergarten
program” means a voluntary program for the provision of pre-kindergarten
services throughout the state that addresses the total developmental needs of
preschool children, including physical, cognitive, social and emotional needs,
and shall include health care, nutrition, safety and multicultural sensitivity.
G. “PED”
means the public education department.
H. “Request
for proposal or RFP” means all documents, including those attached or
incorporated by reference, used for soliciting proposals pursuant to the
Procurement Code. [13-1-1 through 13-1-199, NMSA
1978]
I. “Tribe”
means an Indian nation, tribe or pueblo located in New Mexico.
[8.18.2.7 NMAC - N,
01/31/2007]
8.18.2.8 COLLABORATION WITH PUBLIC
EDUCATION DEPARTMENT: The children, youth and families and public
education departments shall cooperate in the development and implementation of
a voluntary program for the provision of pre-kindergarten services throughout
the state. Such collaboration shall include but not be limited to:
A. developing
and issuing the RFP;
B. providing
any necessary training to the departments’ respective pre-kindergarten teachers
and their supervisors;
C. collection
of program data that is not identifiable to an individual student;
D. reporting
to the governor and legislative committees regarding implementation and
progress;
E. reviewing
and continued implementation of pre-kindergarten program standards previously
developed by the two departments; and
F. making
joint recommendations with the public education department for legislative changes
to the Pre-Kindergarten Act or this rule.
[8.18.2.8 NMAC - N,
01/31/2007]
8.18.2.9 REQUIREMENTS: The pre-kindergarten program shall address
the total developmental needs of preschool children, including physical,
cognitive, social and emotional needs, and shall include health care,
nutrition, safety and multicultural sensitivity. In order to implement the pre-kindergarten
program, CYFD shall:
A. award
program funds through an RFP process to early care and education programs that
are licensed by CYFD or other appropriate authority, such as child care
centers, head start programs and family child care providers;
B. ensure
that the facilities’ child care licensure is in good standing, including
criminal background checks of all eligible providers’ employees;
C. provide technical assistance to providers to ensure
effectiveness of the pre-kindergarten program;
D. ensure that communities being served meet eligibility
requirements based on funding criteria of the Pre-Kindergarten Act;
E. monitor
eligible providers through its office of child development for adherence to
contract requirements and New Mexico pre-kindergarten program standards
developed between the two departments.
[8.18.2.9 NMAC - N,
01/31/2007]
8.18.2.10 PRE-KINDERGARTEN
ELIGIBILITY: Children who turn four
years old before September 1 are eligible to participate in a pre-kindergarten
program.
[8.18.2.10 NMAC - N,
01/31/2007]
8.18.2.11 REQUESTS
FOR PROPOSALS AND CONTRACTS FOR PRE-KINDERGARTEN SERVICES: CYFD shall:
A. issue
a request for proposals for pre-kindergarten services to serve eligible
four-year-old children in their community;
B. ensure that the proposal contains a detailed description of
the services that are to be provided, including:
(1) how those
services shall meet child, youth and families department standards;
(2) the number of
four-year-old children that shall be served;
(3) a description of
the facilities along with site and floor plans;
(4) other revenue
sources and the amounts that the eligible pre-kindergarten provider receives;
(5) a description of
the qualifications and experience for each early childhood development staff at
the proposed pre-kindergarten site;
(6) the plan for
communicating with and involving parents/guardians in the pre-kindergarten
program;
(7) how those
services meet the continuum of services; and
(8) any other
relevant information requested by children, youth and families department or
public education department;
C. issue
contracts which will be initiated by the office of child development and signed
by the appropriate persons in which the eligible provider
agrees to adhere to all fiscal, curriculum and training requirements;
D. issue
a contract with an eligible provider that specifies and ensures that funds
shall not be used for any religious, sectarian or denominational purposes,
instruction or material.
[8.18.2.11 NMAC - N,
01/31/2007]
8.18.2.12 UNEXPENDED
FUNDS: Any unexpended funds in CYFD’s pre-kindergarten fund shall not revert back to the
general fund pursuant to NMSA 1978 Sec. 32A-23-1
[8.18.2.12 NMAC - N,
01/31/2007]
HISTORY OF 8.18.2 NMAC:
[RESERVED]