THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY HARKINS, CONKLIN, BARBIN, BISHOP, K. BOYLE, BRENNAN, GEORGE, BURNS, CARROLL, HALUSKA, P. COSTA, DALEY, DePASQUALE, DONATUCCI, HORNAMAN, JOSEPHS, PAYTON, PASHINSKI, MURPHY, MUNDY, MANN, MAHONEY, BRADFORD, FABRIZIO, GERGELY, CALTAGIRONE, COHEN, D. COSTA, HARHAI, DEASY, DELISSIO, DeLUCA, KAVULICH, PRESTON, M. O'BRIEN, NEUMAN, MULLERY, MATZIE, LONGIETTI, KULA, KORTZ, SABATINA, SAINATO, SCHMOTZER, K. SMITH, VITALI, WATERS, READSHAW, ROEBUCK, SANTONI, SCAVELLO, STABACK, STURLA AND WHEATLEY, JUNE 11, 2012

REFERRED TO COMMITTEE ON EDUCATION, JUNE 11, 2012  

AN ACT

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

act relating to the public school system, including certain

provisions applicable as well to private and parochial

schools; amending, revising, consolidating and changing the

laws relating thereto," further providing for kindergartens

and for the definition of "compulsory school age."

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 503 of the act of March 10, 1949 (P.L.30,

No.14), known as the Public School Code of 1949, amended

September 21, 1959 (P.L.925, No.373) and October 21, 1965

(P.L.601, No.312), is amended to read:

Section 503.  Kindergartens.--(a)  The board of school

directors in [any school district may] all school districts

shall establish and maintain kindergartens [for children between

the ages of four and six years. When established, the].

Districts may establish age policy but may not deny kindergarten

to any child who is five years of age or older on the first day

of the school year. The kindergartens shall be an integral part

of the elementary school system of the district, and be kept

open for not less than two and one-half hours each day for the

full school term as provided in section 1501.

(b)  The number of kindergartens in any one district shall be

fixed by the board of school directors, and shall be open during

the school year. Kindergartens shall be available to all

children in residence of the school district who are of the age

fixed by the board of school directors pursuant to subsection

(a) of this section.

[If the average attendance in any one kindergarten in any

district is ten or less for the school year, the school

directors shall, at the close of the school year, discontinue

the same.]

(c)  The board of school directors shall appoint and assign a

sufficient number of teachers to such kindergartens, who shall

be certified in accordance with the rules and regulations

prescribed by the [Council of Basic Education.] State Board of

Education.

(d)  One hundred million dollars ($100,000,000) collected by

the Department of Revenue each fiscal year pursuant to Article

II of the act of March 4, 1971 (P.L.6, No.2), known as the "Tax

Reform Code of 1971," shall annually be transferred to a special

fund within the State Treasury, which fund is hereby

established. The monies of the fund are hereby appropriated on a

continuing basis to the Department of Education for the purpose

of providing grants to school districts under this section. The

amounts awarded to school districts under this subsection shall

be in addition to any other amount annually appropriated for the

purposes of providing kindergarten and other early childhood

education programs in school districts, including, but not being

limited to, accountability grants established under section

2599.2.

Section 2.  Section 1326 of the act is amended to read:

Section 1326.  Definitions.--The term "compulsory school

age," as hereinafter used, shall mean the period of a child's

life from the time the child's parents elect to have the child

enter school, which shall be not later than at the age of [eight

(8)] six (6) years, until the age of seventeen (17) years. The

term shall not include any child who holds a certificate of

graduation from a regularly accredited senior high school.

The term "migratory child," wherever used in this subdivision

of this article, shall include any child domiciled temporarily

in any school district for the purpose of seasonal employment,

but not acquiring residence therein, and any child accompanying

his parent or guardian who is so domiciled.

Section 3.  This act shall take effect July 1, 2013.