Dear County and District Superintendents and Charter School Administrators:

Universal PreKindergarten Family Choice and Special Education Services for Four-Year-Old Children

California’s Universal PreKindergarten (UPK) initiative has expanded access to high-quality early learning for three-and four-year-old children through a mixed delivery system that includes transitional kindergarten (TK), the California State Preschool Program (CSPP), Head Start, community-based and family child care programs, private preschool, and expanded learning options. This letter is intended to support local educational agencies (LEAs) in providing clear, consistent information to families about their UPK options and in upholding LEAs’ responsibilities to ensure inclusive, high-quality services for children with disabilities. Consistent with state law and current guidance, participation for families in UPK programs, including TK, is optional. Parents and guardians may choose the program that best meets their child’s and family’s needs.

Families of four-year-old children may enroll in TK or any other available prekindergarten program for which they are eligible, including CSPP, Head Start, subsidized programs administered by the California Department of Social Services, community-based preschool, family child care, or private preschool. TK is the only universally available, no-cost UPK option for age-eligible four-year-olds in the TK–12 system; however, it is one of multiple options in California’s mixed delivery model. Families may also choose to keep their child at home until compulsory education begins at age six, consistent with California Education Code (EC) Section 48200.

At the same time, LEAs, including school districts, county offices of education, and charter schools, have a continuing legal obligation under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq., EC Section 56000, and related statutes and regulations to provide a free appropriate public education (FAPE) to eligible children with disabilities. This obligation includes ensuring that each child’s individualized education program (IEP) is developed and fully implemented, at no cost to parents, in conformity with federal and state statutes and codes. Consistent with federal guidance, the first placement option considered for each child with a disability is the classroom the child would attend if they did not have a disability (U.S. Department of Health and Human Services & U.S. Department of Education, 2023 Policy Statement on Inclusion of Children with Disabilities in Early Childhood Programs).

For four-year-old children with disabilities determined to be eligible for special education services, the IEP team determines the appropriate services and placement based on individual needs. LEAs, as defined in EC Section 56026.3, retain responsibility for special education and related services outlined in the IEP. IEP teams must consider the setting for a child on an individual basis determined by the child’s needs and IEP goals.

To ensure clear and consistent messaging to families and community members, all UPK communications, and enrollment practices, must clearly reflect these principles and regulations: families have meaningful choice among programs within the mixed delivery system, and LEAs remain legally responsible for providing all IEP services and FAPE to eligible children with disabilities in the setting that the IEP team determines to be the most appropriate for the individual child. Thank you for your continued leadership in advancing equitable and inclusive early learning opportunities for all children.

If you need support in adjusting your messaging to align with these expectations, please visit the CDE-sponsored California UPK web page at https://cauniversalprek.org/promo-materials.

If families have questions about their child’s IEP, services, or placement, they should contact their child’s LEA or IEP team. For general questions about special education in early learning and care programs, organizations may contact Rachel Heenan, Division Director, Special Education Division, Early Childhood Support Unit, at ECSU@cde.ca.gov or 916-445-4613.

If you have any questions regarding UPK Programs, please contact Stephen Propheter, Division Director, Early Education Division, at 916-322-6233, at Director-EarlyEducation@cde.ca.gov, or send an email to UPK@cde.ca.gov.

Sincerely,

Tony Thurmond
State Superintendent of Public Instruction

TT:sa