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                                                       PRINTER'S NO. 789

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 723 Session of 2007


        INTRODUCED BY MUSTO, FONTANA, STOUT, O'PAKE, WASHINGTON, LOGAN,
           MELLOW, KASUNIC, C. WILLIAMS, COSTA, KITCHEN, STACK AND
           LAVALLE, APRIL 2, 2007

        REFERRED TO EDUCATION, APRIL 2, 2007

                                     AN ACT

     1  Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
     2     act relating to the public school system, including certain
     3     provisions applicable as well to private and parochial
     4     schools; amending, revising, consolidating and changing the
     5     laws relating thereto," further providing for the use of
     6     Pennsylvania accountability grants.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9     Section 1.  Section 2599.2 of the act of March 10, 1949
    10  (P.L.30, No.14), known as the Public School Code of 1949,
    11  amended or added December 23, 2003 (P.L.304, No.48), July 4,
    12  2004 (P.L.536, No.70), July 13, 2005 (P.L.226, No.46) and July
    13  11, 2006 (P.L.1092, No.114), is amended to read:
    14     Section 2599.2.  Pennsylvania Accountability Grants.--(a)
    15  Beginning with the 2004-2005 fiscal year, the department shall
    16  establish a program of annual accountability grants for the
    17  benefit of students enrolled in each of the Commonwealth's
    18  school districts.
    19     (a.1)  Beginning with the 2007-2008 fiscal year, the


     1  department shall establish a program of annual accountability
     2  grants for the benefit of children who are younger than the
     3  entry age for kindergarten.
     4     (b)  The grant shall be used by a school district to attain
     5  or maintain academic performance targets[. Funds] if awarded
     6  under subsection (d.2) or by an approved provider of pre-
     7  kindergarten to provide a pre-kindergarten program to ensure
     8  school readiness and improve future academic performance under
     9  subsection (d.3). In accordance with the provisions of
    10  subsection (b.2), funds obtained under [this section] subsection
    11  (d.2) may be used for any of the following:
    12     (1)  Establishing, maintaining or expanding a quality pre-
    13  kindergarten program aligned with the current academic standards
    14  contained in 22 Pa. Code Ch. 4 (relating to academic standards
    15  and assessment).
    16     (2)  Establishing, maintaining or expanding a quality full-
    17  day kindergarten program aligned with the current academic
    18  standards contained in 22 Pa. Code Ch. 4. Such programs shall be
    19  kept open for five hours each day for the full school term as
    20  provided in section 1501. The board of school directors of a
    21  school district may offer a full-day kindergarten program to
    22  children who are between four and six years old.
    23     (3)  Establishing, maintaining or expanding a class size
    24  reduction program. Such class size reduction program shall
    25  appoint and assign a minimum of one teacher for every 17
    26  students or two teachers for every 35 students enrolled in a
    27  kindergarten, first, second or third grade classroom. All
    28  teachers appointed and assigned to teach kindergarten, first,
    29  second or third grade shall be certified in accordance with 22
    30  Pa. Code Ch. 49 (relating to certification of professional
    20070S0723B0789                  - 2 -     

     1  personnel) or its successors. The department shall establish
     2  guidelines to assure that no school district satisfies the
     3  requirements of this paragraph by making a reduction in, and
     4  subsequent increase to, current teacher complement. For purposes
     5  of this paragraph, the phrase "one teacher for every 17 students
     6  or two teachers for every 35 students enrolled in a
     7  kindergarten, first, second or third grade classroom" shall
     8  refer to the number of teachers conducting a class at any one
     9  time in a classroom containing the applicable number of
    10  students.
    11     (4)  Establishing, expanding or maintaining programs that
    12  promote the availability, coordination, integration and
    13  utilization of social and health services, associated resources
    14  and ancillary resources to meet the needs of children and
    15  families in addressing issues that may serve to limit student
    16  academic achievement.
    17     (5)  Notwithstanding the provisions of Article XV-C,
    18  providing tutoring assistance during the normal school day and
    19  hours of the school district, provided that the tutoring is in
    20  addition to and does not interfere with a student's regularly
    21  scheduled classroom instruction times and does not supplant
    22  services required in a student's individualized education
    23  program.
    24     (6)  Improving the academic performance of subgroups
    25  identified under section 1111(b) of the No Child Left Behind Act
    26  of 2001.
    27     (7)  Establishing, expanding or maintaining programs to
    28  assist in the building of strong science and applied-knowledge
    29  skills.
    30     (8)  Providing additional programs for continuing
    20070S0723B0789                  - 3 -     

     1  professional education that may include any of the following:
     2  training in mathematics, science and literacy-specific
     3  curriculum and instructional strategies; training in school-wide
     4  improvement planning; analysis of student achievement data,
     5  including student work and the implications for classroom
     6  practice; observing and studying exemplary school and classroom
     7  practices; implementing school-wide programs and classroom
     8  management strategies designed to improve student conduct; using
     9  technology to boost student achievement; conducting transition
    10  planning and curriculum alignment across schools and grade
    11  levels; or implementing secondary strategies to increase student
    12  engagement and personalize learning.
    13     (9)  Establishing, expanding or maintaining math and literacy
    14  coaching programs within schools to improve math and reading
    15  instruction.
    16     (10)  Providing financial incentives to highly qualified,
    17  tenured teachers to work in the most academically challenged
    18  schools in a school district or providing financial incentives
    19  to aid in the recruitment of certificated teachers in
    20  mathematics, science, language arts or English as a second
    21  language to work in the most academically challenged schools in
    22  a school district.
    23     (11)  Providing such other programs or activities that the
    24  board of school directors of a school district determines are
    25  essential to achieving or maintaining academic performance
    26  targets through the year 2014.
    27     (b.1)  No subcontract between a school district and a
    28  nonprofit organization entered into for the provision of a
    29  program or services pursuant to this section may abrogate
    30  provisions of a collective bargaining agreement between the
    20070S0723B0789                  - 4 -     

     1  nonprofit organization and its employes.
     2     (b.2)  (1)  If, for the 2007-2008 school year, the amount of
     3  funding that a school district receives under subsection (d.2)
     4  exceeds the amount of the grant that it received during the
     5  2005-2006 school year, the school district shall use its
     6  additional funds to establish or expand the full-day
     7  kindergarten program under subsection (b)(2). For the 2008-2009
     8  school year and each school year thereafter, if the amount of
     9  grant funds that a school district receives under subsection
    10  (d.2) exceeds the amount that it received during the prior
    11  school year under subsection (d.2), the school district shall
    12  use its additional grant funds to establish or expand the full-
    13  day kindergarten program under subsection (b)(2).
    14     (2)  Notwithstanding paragraph (1), for the 2008-2009 school
    15  year and each school year thereafter, any school district that
    16  established or expanded a full-day kindergarten program during
    17  the 2007-2008 school year under this subsection may use the
    18  amount of the additional grant funds received in the 2007-2008
    19  school year to maintain that program.
    20     (3)  The department shall require each school district to
    21  certify as part of the plan submitted under subsection (c)(2)
    22  whether the school district will use its additional grant funds
    23  in compliance with this subsection.
    24     (4)  A school district that does one of the following shall
    25  forfeit the right to the additional grant funds received in the
    26  2007-2008 school year under subsection (d.2) and all forfeited
    27  funds shall be distributed on a pro rata basis among all school
    28  districts that have satisfied the requirements of this
    29  subsection:
    30     (i)  Chooses in the 2007-2008 school year not to establish or
    20070S0723B0789                  - 5 -     

     1  expand a full-day kindergarten program consistent with the
     2  requirements of this subsection.
     3     (ii)  Chooses, in the 2008-2009 school year or thereafter,
     4  not to establish, maintain or expand a full-day kindergarten
     5  program consistent with the requirements of this subsection.
     6     (iii)  Submits a plan that does not comply with this section.
     7     (c)  (1)  No later than April 10, 2004, and April 10, 2005,
     8  the department shall notify each school district of the grant
     9  amount it will receive under subsection (d). No later than April
    10  10, 2006[, and April 10 of each school year thereafter,] the
    11  department shall notify each school district of the grant amount
    12  it will receive under subsection (d.1). No later than April 10,
    13  2007, and April 10 of each school year thereafter, the
    14  department shall notify each school district of the grant amount
    15  that it will receive under subsection (d.2).
    16     (2)  Within thirty (30) days of receipt of the notification
    17  under paragraph (1), the school district shall submit to the
    18  department an accountability grant plan. The plan shall include:
    19     (i)  Reference to the programs or activities under subsection
    20  (b) for which the grant funds will be used.
    21     (ii)  Identification of whether the grant funds will be used
    22  to establish, maintain or expand the programs or activities
    23  referenced under subparagraph (i).
    24     (iii)  A brief description of the programs or activities for
    25  which the grant funds will be used.
    26     (iv)  Identification of how additional grant funding provided
    27  consistent with subsection (b.2) will be used to establish or
    28  expand a full-day kindergarten program or, for the 2008-2009
    29  school year and each school year thereafter, how such funding
    30  will be used to maintain a full-day kindergarten program that
    20070S0723B0789                  - 6 -     

     1  was expanded or established in 2007-2008.
     2     (3)  (i)  Where the accountability grant plan submitted under
     3  paragraph (2) proposes to use the grant funds for a program or
     4  activity under subsection (b)(11), the department shall have
     5  fifteen (15) days from the receipt of the plan to disapprove the
     6  use and notify the school district of the reason for the
     7  disapproval. Within thirty (30) days of the receipt of notice of
     8  disapproval, the school district shall submit a revised
     9  accountability grant plan under paragraph (2).
    10     (ii)  Where the accountability grant plan submitted under
    11  paragraph (2) proposes to use the grant funds for a program or
    12  activity under subsection (b)(11) and the school district fails
    13  to receive notification from the secretary within fifteen (15)
    14  days of receipt that its request has been disapproved, the
    15  school district may proceed to implement the proposed programs
    16  or activities.
    17     (4)  Where the accountability grant plan submitted under
    18  paragraph (2) proposes to use the grant funds for a program or
    19  activity under subsection (b)(1), (2), (3), (4), (5), (6), (7),
    20  (8), (9) or (10), the department may, within thirty (30) days
    21  from the receipt of the plan, make nonbinding recommendations
    22  for alternative utilization of the grant funds.
    23     (5)  No later than February 1, 2005, and February 1 of each
    24  year thereafter, the department shall submit a report to the
    25  majority and minority chairs of the Appropriations and Education
    26  Committees of the Senate and to the majority and minority chairs
    27  of the Appropriations and Education Committees of the House of
    28  Representatives summarizing the operation of the program for
    29  that fiscal year. The report shall include:
    30     (i)  A description of the operation of the program.
    20070S0723B0789                  - 7 -     

     1     (ii)  A summary of the total amount of grant funds paid to
     2  school districts used for programs or activities under
     3  subsection (b).
     4     (iii)  A summary of the uses of grant funds to school
     5  districts used for programs or activities under subsection (b).
     6     (iv)  An identification of the number of school districts
     7  that used grant funds for each of the programs or activities
     8  under subsection (b).
     9     (v)  A listing of each school district and the program or
    10  activity under subsection (b) for which the grant funds were
    11  used.
    12     (vi)  An identification of the number of school districts
    13  that used grant funds to establish, maintain or expand the
    14  program or activity for which the grant funds under subsection
    15  (b) were used.
    16     (vii)  A listing of each school district and whether the
    17  grant funds were used to establish, maintain or expand the
    18  program or activity for which the grant funds under subsection
    19  (b) were used.
    20     (viii)  A summary of the use of grant funds awarded under
    21  subsection (d.3).
    22     (d)  During the 2004-2005 and 2005-2006 school years, the
    23  department shall pay to each school district a Pennsylvania
    24  Accountability grant equal to the sum of the amounts calculated
    25  under paragraphs (1) and (2) as follows:
    26     (1)  Each school district shall receive an amount based on
    27  the percentage of its students scoring below proficient on the
    28  PSSA tests, calculated as follows:
    29     (i)  Divide the number of PSSA tests administered in the
    30  school district on which students scored below proficient in
    20070S0723B0789                  - 8 -     

     1  reading or mathematics during the 2002-2003 school year by the
     2  total number of PSSA tests scored in reading and mathematics in
     3  the school district during the 2002-2003 school year.
     4     (ii)  Multiply the quotient from subparagraph (i) by the
     5  average daily membership of the school district for the 2002-
     6  2003 school year.
     7     (iii)  Multiply the product from subparagraph (ii) by the
     8  market value/income aid ratio of the school district for the
     9  2003-2004 school year.
    10     (iv)  Multiply the product from subparagraph (iii) by one
    11  hundred fifty million dollars ($150,000,000).
    12     (v)  Divide the product from subparagraph (iv) by the sum of
    13  the products of subparagraph (iii) for all school districts.
    14     (2)  Each school district shall receive an amount based on
    15  the percentage of its students scoring at or above proficient on
    16  the PSSA tests, calculated as follows:
    17     (i)  Divide the number of PSSA tests administered in the
    18  school district on which students scored at or above proficient
    19  in reading or mathematics during the 2002-2003 school year by
    20  the total number of PSSA tests scored in reading and mathematics
    21  in the school district during the 2002-2003 school year.
    22     (ii)  Multiply the quotient from subparagraph (i) by the
    23  average daily membership of the school district for the 2002-
    24  2003 school year.
    25     (iii)  Multiply the product from subparagraph (ii) by the
    26  market value/income aid ratio of the school district for the
    27  2003-2004 school year.
    28     (iv)  Multiply the product from subparagraph (iii) by fifty
    29  million dollars ($50,000,000).
    30     (v)  Divide the product from subparagraph (iv) by the sum of
    20070S0723B0789                  - 9 -     

     1  the products of subparagraph (iii) for all school districts.
     2     (3)  Grants awarded under this section shall be paid to
     3  school districts on the last Thursday of July.
     4     (d.1)  (1)  During the 2006-2007 school year [and each school
     5  year thereafter], the department shall pay to each school
     6  district a Pennsylvania accountability grant equal to the amount
     7  determined in subsection (d) plus the sum of the amounts
     8  calculated under paragraphs (2) and (3).
     9     (2)  Each school district shall receive an amount based on
    10  the percentage of its students scoring below proficient on the
    11  PSSA tests administered in grades five, eight and eleven,
    12  calculated as follows:
    13     (i)  Divide the number of PSSA tests administered in the
    14  school district on which students scored below proficient in
    15  reading or mathematics during the 2004-2005 school year by the
    16  total number of PSSA tests scored in reading and mathematics in
    17  the school district during the 2004-2005 school year.
    18     (ii)  Multiply the quotient from subparagraph (i) by the
    19  average daily membership of the school district for the 2004-
    20  2005 school year.
    21     (iii)  Multiply the product from subparagraph (ii) by the
    22  market value/income aid ratio of the school district for the
    23  2005-2006 school year.
    24     (iv)  Multiply the product from subparagraph (iii) by thirty-
    25  seven million five hundred thousand dollars ($37,500,000).
    26     (v)  Divide the product from subparagraph (iv) by the sum of
    27  the products of subparagraph (iii) for all school districts.
    28     (3)  Each school district shall receive an amount based on
    29  the percentage of its students scoring at or above proficient on
    30  the PSSA tests administered in grades five, eight and eleven,
    20070S0723B0789                 - 10 -     

     1  calculated as follows:
     2     (i)  Divide the number of PSSA tests administered in the
     3  school district on which students scored at or above proficient
     4  in reading or mathematics during the 2004-2005 school year by
     5  the total number of PSSA tests scored in reading and mathematics
     6  in the school district during the 2004-2005 school year.
     7     (ii)  Multiply the quotient from subparagraph (i) by the
     8  average daily membership of the school district for the 2004-
     9  2005 school year.
    10     (iii)  Multiply the product from subparagraph (ii) by the
    11  market value/income aid ratio of the school district for the
    12  2005-2006 school year.
    13     (iv)  Multiply the product from subparagraph (iii) by twelve
    14  million five hundred thousand dollars ($12,500,000).
    15     (v)  Divide the product from subparagraph (iv) by the sum of
    16  the products of subparagraph (iii) for all school districts.
    17     (4)  Grants awarded under this subsection shall be paid to
    18  school districts on the last Thursday of July.
    19     (d.2)  (1)  During the 2007-2008 school year and each school
    20  year thereafter, the department shall pay to each school
    21  district a Pennsylvania accountability grant equal to the amount
    22  determined under subsection (d.1) plus the sum of the amounts
    23  calculated under paragraphs (2) and (3).
    24     (2)  Each school district shall receive an amount based on
    25  the percentage of its students scoring below proficient on PSSA
    26  tests administered in the school district, calculated as
    27  follows:
    28     (i)  Divide the number of PSSA tests administered in the
    29  school district on which students scored below proficient in
    30  reading or mathematics during the 2005-2006 school year by the
    20070S0723B0789                 - 11 -     

     1  total number of PSSA tests scored in reading and mathematics in
     2  the school district during the 2005-2006 school year.
     3     (ii)  Multiply the quotient from subparagraph (i) by the
     4  average daily membership of the school district for the 2005-
     5  2006 school year.
     6     (iii)  Multiply the product from subparagraph (ii) by the
     7  market value/income aid ratio of the school district for the
     8  2006-2007 school year.
     9     (iv)  Multiply the product from subparagraph (iii) by
    10  eighteen million seven hundred fifty thousand dollars
    11  ($18,750,000).
    12     (v)  Divide the product from subparagraph (iv) by the sum of
    13  the products of subparagraph (iii) for all school districts.
    14     (3)  Each school district shall receive an amount based on
    15  the percentage of its students scoring at or above proficient on
    16  PSSA tests administered in the school district, calculated as
    17  follows:
    18     (i)  Divide the number of PSSA tests administered in the
    19  school district on which students scored at or above proficient
    20  in reading or mathematics during the 2005-2006 school year by
    21  the total number of PSSA tests scored in reading and mathematics
    22  in the school district during the 2005-2006 school year.
    23     (ii)  Multiply the quotient from subparagraph (i) by the
    24  average daily membership of the school district for the 2005-
    25  2006 school year.
    26     (iii)  Multiply the product from subparagraph (ii) by the
    27  market value/income aid ratio of the school district for the
    28  2006-2007 school year.
    29     (iv)  Multiply the product from subparagraph (iii) by six
    30  million two hundred fifty thousand dollars ($6,250,000).
    20070S0723B0789                 - 12 -     

     1     (v)  Divide the product from subparagraph (iv) by the sum of
     2  the products of subparagraph (iii) for all school districts.
     3     (d.3)  (1)  In the 2007-2008 school year and each school year
     4  thereafter, seventy-five million dollars ($75,000,000) of funds
     5  appropriated for annual accountability grants shall be reserved
     6  for the Pre-K Counts Program, which is established in the
     7  department for the purpose of providing grants to expand pre-
     8  kindergarten opportunities for eligible students.
     9     (2)  The department shall establish a competitive grant
    10  process to award Pre-K Counts funds to eligible providers.
    11  Eligible providers may apply on their own or in conjunction with
    12  other eligible providers.
    13     (3)  In addition to any other requirements set forth by the
    14  department, in order to be eligible for a grant under this
    15  program, an eligible provider shall agree to all of the
    16  following quality program standards:
    17     (i)  Pre-kindergarten shall be planned to provide no fewer
    18  than 180 days over the course of the school year. A half-day
    19  program shall provide no fewer than two and one-half hours of
    20  instructional activities per day. A full-day program shall
    21  provide no fewer than five hours of instructional activities per
    22  day.
    23     (ii)  Pre-kindergarten curriculum shall be aligned with early
    24  learning standards established by the department.
    25     (iii)  The progress of each eligible student shall be
    26  measured using an assessment approved by the department.
    27     (iv)  Each approved provider shall engage in coordination and
    28  partnerships organized for the purpose of community education
    29  and outreach on early childhood education, assessing needs and
    30  resources, and coordinating and developing strategies to address
    20070S0723B0789                 - 13 -     

     1  these issues.
     2     (v)  Each approved provider shall comply with monitoring
     3  requirements issued by the department.
     4     (vi)  Each approved provider shall adopt and implement a
     5  comprehensive disaster response and emergency preparedness plan
     6  consistent with 35 Pa.C.S. § 7701 (relating to duties concerning
     7  disaster prevention), regardless of whether the provider is a
     8  school district, child day care center, group day care home,
     9  Head Start or nursery school.
    10     (vii)  If the program is a full-day program, appropriately
    11  timed meals and snacks shall be served. If the program is a
    12  half-day program, appropriately timed snacks shall be served.
    13     (viii)  The requirements of 22 Pa. Code §§ 4.13(c)(12)(I) and
    14  (II), (13) and (14) (relating to strategic plans) and 4.20(2),
    15  (6), (7), (8) and (11) (relating to prekindergarten education),
    16  28 Pa. Code § 27.77 (relating to immunization requirements for
    17  children in child care group settings) and 55 Pa. Code §
    18  3270.162(b), (c) and (d) (relating to meals) shall apply to each
    19  approved provider, regardless of whether the provider is a
    20  school district, a child day care center, a group day care home,
    21  a Head Start or a nursery school.
    22     (4)  Priority for the award of grants available under this
    23  subsection shall be as follows:
    24     (i)  For eligible providers seeking funding for their first
    25  year of operation under this program, first priority shall be
    26  given to eligible providers applying to serve children residing
    27  in a school district in which thirty percent (30%) or more of
    28  the students on October 31 of the preceding school year were
    29  eligible for free or reduced price meals under the school lunch
    30  program and who include at-risk children in their targeted
    20070S0723B0789                 - 14 -     

     1  enrollment.
     2     (ii)  For eligible providers seeking funding for their first
     3  year of operation, second priority shall be given to eligible
     4  providers who do not meet the requirement under subparagraph (i)
     5  but who shall target enrollment of eligible students to at-risk
     6  children.
     7     (iii)  For the 2008-2009 school year and each school year
     8  thereafter, priority shall be given to renewal of grant
     9  applications to approved providers who have operated pre-
    10  kindergarten programs under this section in the preceding school
    11  year and who have met the program standards and can demonstrate
    12  satisfactory implementation of the program as established by the
    13  department before consideration of new applications to eligible
    14  providers.
    15     (5)  The department shall do all of the following:
    16     (i)  Establish early learning standards.
    17     (ii)  Establish allowable and required grant uses and per
    18  pupil funding levels to determine grant awards under this
    19  subsection. The per pupil funding level may be adjusted annually
    20  and may vary by region.
    21     (iii)  Issue guidance on developmentally appropriate
    22  curriculum and instruction for pre-kindergarten students.
    23     (iv)  Issue guidance for continuing education and provide
    24  that teacher's aides shall complete no fewer than twenty-four
    25  (24) hours of continuing professional education each year.
    26     (v)  Identify one or more approved assessments to be used by
    27  approved providers.
    28     (vi)  Establish requirements to ensure the quality and
    29  effectiveness of the program and monitor approved providers,
    30  which shall include site visits.
    20070S0723B0789                 - 15 -     

     1     (vii)  Support the development and maintenance of community
     2  coordination and partnerships.
     3     (viii)  Determine whether each approved provider has met the
     4  standards established by the department.
     5     (ix)  In consultation with the Secretary of Health, establish
     6  requirements for health services for pre-kindergarten programs
     7  provided under this subsection.
     8     (x)  Promulgate any regulations necessary to implement the
     9  provisions of this subsection. The regulations shall be
    10  promulgated in final-omit form as provided in the act of July
    11  31, 1968 (P.L.769, No.240), referred to as the "Commonwealth
    12  Documents Law."
    13     (xi)  Perform all other functions necessary to carry out the
    14  Pre-K Counts Program.
    15     (6)  Grants shall be made under this subsection to the extent
    16  funds are appropriated by the General Assembly. Grants made
    17  under this subsection shall be used to supplement, not supplant,
    18  public funds received from any other source.
    19     (7)  An approved provider who is a school district shall not
    20  include eligible students on whose behalf a grant award is made
    21  pursuant to this subsection for the purpose of calculating
    22  average daily membership.
    23     (8)  For purposes of this subsection:
    24     "Approved provider."  An eligible provider who has been
    25  approved by the department to offer pre-kindergarten under this
    26  subsection.
    27     "At-risk children."  Those children who, because of their
    28  home or community environment, are subject to economic,
    29  language, cultural and like disadvantages to cause them to be at
    30  risk of academic failure.
    20070S0723B0789                 - 16 -     

     1     "Average daily membership."  The term shall have the same
     2  meaning as in Article XXV.
     3     "Eligible provider."  Any of the following entities, if the
     4  entity complies with all quality program standards established
     5  under subsection (d.3)(3):
     6         (1)  A school district.
     7         (2)  A Head Star program.
     8         (3)  A nursery school.
     9         (4)  A child day care center or a group day care home
    10     that has met or exceeded the standards of STAR 2 under the
    11     Keystone STARS quality rating system established by the
    12     Department of Public Welfare.
    13     "Eligible student."  A child who is at least three (3) years
    14  of age and less than the entry age of kindergarten in the school
    15  district of residence.
    16     "Head Start."  A program funded under the Head Start Act
    17  (Public Law 97-35, 42 U.S.C. § 9831 et seq.) and carried out by
    18  a Head Start agency that provides ongoing comprehensive child
    19  development services.
    20     "Instructional activities."  Any of the following:
    21         (1)  Classroom instruction.
    22         (2)  Orientation.
    23         (3)  Snack time, meal time and play time, if they are an
    24     integral part of the curriculum.
    25         (4)  Opening exercises.
    26         (5)  School, group or class educational trips to which
    27     admission is not charged to students or parents and a teacher
    28     accompanies the students.
    29         (6)  Student services, such as guidance and counseling
    30     services, psychological services, speech pathology and
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     1     audiology services and student health services.
     2         (7)  Civil defense, fire, bus evacuation and similar
     3     drills.
     4         (8)  Early dismissal and delayed opening due to inclement
     5     weather.
     6     "Nursery school."  A nursery school that is licensed under
     7  the act of January 28, 1988 (P.L.24, No.11), known as the
     8  "Private Academic Schools Act."
     9     "School lunch program."  The National School Lunch Program in
    10  7 CFR 210.2 (relating to definitions).
    11     (e)  All of the following shall apply for grant funds
    12  received under subsection (d.2):
    13     (1)  The department shall establish reporting procedures and
    14  auditing guidelines to ensure that grant funds are utilized in
    15  accordance with subsection (b).
    16     (2)  A school district shall maintain separate accounts in
    17  its budget to facilitate monitoring the use of the grant funds.
    18     (3)  In no case shall a school district use grant funds for
    19  administrative costs as defined by the department.
    20     (4)  The department shall reduce the amount of a State
    21  subsidy payment to a school district by the amount of any grant
    22  funds provided under this section if the school district does
    23  not utilize the grant funds in accordance with subsection (b)
    24  and the accountability grant plan submitted pursuant to
    25  subsection (d).
    26     (5)  No grant funds may be used directly to increase salaries
    27  except as provided for in subsection (b)(10).
    28     (6)  No school district may place grant funds received under
    29  this section in a reserve account.
    30     (f)  As used in this section, the following words and phrases
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     1  shall have the meanings given to them in this subsection:
     2     "Applied knowledge."  Information technology, computer
     3  equipment, education software and related advanced technologies
     4  necessary to increase students' access to worldwide information
     5  and their expertise in this regard.
     6     "Department."  The Department of Education of the
     7  Commonwealth.
     8     "Grant."  A Pennsylvania accountability grant awarded under
     9  this section.
    10     "Highly qualified."  A highly qualified elementary teacher or
    11  a highly qualified middle or secondary teacher as defined in 22
    12  Pa. Code § 403.2 (relating to definitions).
    13     "Science."  A curricular offering in support of the science
    14  and technology content area as defined in 22 Pa. Code § 4.12
    15  (relating to academic standards).
    16     Section 2.  This act shall take effect July 1, 2007, or
    17  immediately, whichever is later.









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