(a) Each LEA is authorized to and may provide for enrollment in prekindergarten programs for any at-risk child residing in the geographic area served by the LEA who is four (4) years of age, or who will become four (4) years of age, on or before August 31 for the 2013-2014 school year and on or before August 15 for all school years thereafter. Any child may enroll in a program when an insufficient number of at-risk children are enrolled to fill a specific classroom.

(b) Programs operated pursuant to §§  49-6-103 — 49-6-110 shall comply with the following requirements:

(1) A maximum class size of twenty (20);

(2) At least one (1) licensed teacher per classroom certified in early childhood education;

(3) At least one (1) educational assistant per classroom who holds a child development associate credential (CDA) or associate degree in early childhood education, or who is actively working toward acquiring such credentials; provided, however, that if no person with such credentials is available, then educational assistants who hold a high school diploma and have relevant experience working with children in pre-kindergarten or other early childhood programs may be employed;

(4) A daily minimum of five and one half (5 ½) hours of quality instructional time;

(5) Use of an educational, age-appropriate curriculum that is aligned with the state department of education approved early learning standards and that includes, but is not limited to, literacy, writing, math and science skills;

(6) A developmental learning program that addresses the cognitive, physical, emotional, social and communication areas of child development;

(7) Meet the criteria for a “highly qualified pre-kindergarten program” as identified by the department of education; and

(8) Rules promulgated and policies adopted by the state board of education related to early childhood education and pre-kindergarten programs.