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                                                      PRINTER'S NO. 1294

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1057 Session of 2007


        INTRODUCED BY KING, CONKLIN, BIANCUCCI, BARRAR, BELFANTI, COSTA,
           CURRY, DePASQUALE, DALEY, CALTAGIRONE, FABRIZIO, FRANKEL,
           FREEMAN, GEORGE, GERBER, JAMES, KORTZ, KULA, LEACH, McCALL,
           SANTONI, BRENNAN, STABACK, R. TAYLOR, GIBBONS, MANDERINO,
           MANN, MUNDY, MYERS, SAYLOR, SCAVELLO, SHAPIRO, SHIMKUS,
           SIPTROTH, McILVAINE SMITH, SOLOBAY, STURLA, SURRA, THOMAS,
           WALKO, WANSACZ, YOUNGBLOOD, YUDICHAK, HENNESSEY, GERGELY AND
           JOSEPHS, APRIL 18, 2007

        REFERRED TO COMMITTEE ON EDUCATION, APRIL 18, 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

     1  school districts.
     2     (a.1)  Beginning with the 2007-2008 fiscal year, the
     3  department shall establish a program of annual accountability
     4  grants for the benefit of children who are younger than the
     5  entry age for kindergarten.
     6     (b)  The grant shall be used by a school district to attain
     7  or maintain academic performance targets[. Funds] if awarded
     8  under subsection (d.2) or by an approved provider of pre-
     9  kindergarten to provide a pre-kindergarten program to ensure
    10  school readiness and improve future academic performance under
    11  subsection (d.3). In accordance with the provisions of
    12  subsection (b.2), funds obtained under [this section] subsection
    13  (d.2) may be used for any of the following:
    14     (1)  Establishing, maintaining or expanding a quality pre-
    15  kindergarten program aligned with the current academic standards
    16  contained in 22 Pa. Code Ch. 4 (relating to academic standards
    17  and assessment).
    18     (2)  Establishing, maintaining or expanding a quality full-
    19  day kindergarten program aligned with the current academic
    20  standards contained in 22 Pa. Code Ch. 4. Such programs shall be
    21  kept open for five hours each day for the full school term as
    22  provided in section 1501. The board of school directors of a
    23  school district may offer a full-day kindergarten program to
    24  children who are between four and six years old.
    25     (3)  Establishing, maintaining or expanding a class size
    26  reduction program. Such class size reduction program shall
    27  appoint and assign a minimum of one teacher for every 17
    28  students or two teachers for every 35 students enrolled in a
    29  kindergarten, first, second or third grade classroom. All
    30  teachers appointed and assigned to teach kindergarten, first,
    20070H1057B1294                  - 2 -     

     1  second or third grade shall be certified in accordance with 22
     2  Pa. Code Ch. 49 (relating to certification of professional
     3  personnel) or its successors. The department shall establish
     4  guidelines to assure that no school district satisfies the
     5  requirements of this paragraph by making a reduction in, and
     6  subsequent increase to, current teacher complement. For purposes
     7  of this paragraph, the phrase "one teacher for every 17 students
     8  or two teachers for every 35 students enrolled in a
     9  kindergarten, first, second or third grade classroom" shall
    10  refer to the number of teachers conducting a class at any one
    11  time in a classroom containing the applicable number of
    12  students.
    13     (4)  Establishing, expanding or maintaining programs that
    14  promote the availability, coordination, integration and
    15  utilization of social and health services, associated resources
    16  and ancillary resources to meet the needs of children and
    17  families in addressing issues that may serve to limit student
    18  academic achievement.
    19     (5)  Notwithstanding the provisions of Article XV-C,
    20  providing tutoring assistance during the normal school day and
    21  hours of the school district, provided that the tutoring is in
    22  addition to and does not interfere with a student's regularly
    23  scheduled classroom instruction times and does not supplant
    24  services required in a student's individualized education
    25  program.
    26     (6)  Improving the academic performance of subgroups
    27  identified under section 1111(b) of the No Child Left Behind Act
    28  of 2001.
    29     (7)  Establishing, expanding or maintaining programs to
    30  assist in the building of strong science and applied-knowledge
    20070H1057B1294                  - 3 -     

     1  skills.
     2     (8)  Providing additional programs for continuing
     3  professional education that may include any of the following:
     4  training in mathematics, science and literacy-specific
     5  curriculum and instructional strategies; training in school-wide
     6  improvement planning; analysis of student achievement data,
     7  including student work and the implications for classroom
     8  practice; observing and studying exemplary school and classroom
     9  practices; implementing school-wide programs and classroom
    10  management strategies designed to improve student conduct; using
    11  technology to boost student achievement; conducting transition
    12  planning and curriculum alignment across schools and grade
    13  levels; or implementing secondary strategies to increase student
    14  engagement and personalize learning.
    15     (9)  Establishing, expanding or maintaining math and literacy
    16  coaching programs within schools to improve math and reading
    17  instruction.
    18     (10)  Providing financial incentives to highly qualified,
    19  tenured teachers to work in the most academically challenged
    20  schools in a school district or providing financial incentives
    21  to aid in the recruitment of certificated teachers in
    22  mathematics, science, language arts or English as a second
    23  language to work in the most academically challenged schools in
    24  a school district.
    25     (11)  Providing such other programs or activities that the
    26  board of school directors of a school district determines are
    27  essential to achieving or maintaining academic performance
    28  targets through the year 2014.
    29     (b.1)  No subcontract between a school district and a
    30  nonprofit organization entered into for the provision of a
    20070H1057B1294                  - 4 -     

     1  program or services pursuant to this section may abrogate
     2  provisions of a collective bargaining agreement between the
     3  nonprofit organization and its employes.
     4     (b.2)  (1)  If, for the 2007-2008 school year, the amount of
     5  funding that a school district receives under subsection (d.2)
     6  exceeds the amount of the grant that it received during the
     7  2005-2006 school year, the school district shall use its
     8  additional funds to establish or expand the full-day
     9  kindergarten program under subsection (b)(2). For the 2008-2009
    10  school year and each school year thereafter, if the amount of
    11  grant funds that a school district receives under subsection
    12  (d.2) exceeds the amount that it received during the prior
    13  school year under subsection (d.2), the school district shall
    14  use its additional grant funds to establish or expand the full-
    15  day kindergarten program under subsection (b)(2).
    16     (2)  Notwithstanding paragraph (1), for the 2008-2009 school
    17  year and each school year thereafter, any school district that
    18  established or expanded a full-day kindergarten program during
    19  the 2007-2008 school year under this subsection may use the
    20  amount of the additional grant funds received in the 2007-2008
    21  school year to maintain that program.
    22     (3)  The department shall require each school district to
    23  certify as part of the plan submitted under subsection (c)(2)
    24  whether the school district will use its additional grant funds
    25  in compliance with this subsection.
    26     (4)  A school district that does one of the following shall
    27  forfeit the right to the additional grant funds received in the
    28  2007-2008 school year under subsection (d.2) and all forfeited
    29  funds shall be distributed on a pro rata basis among all school
    30  districts that have satisfied the requirements of this
    20070H1057B1294                  - 5 -     

     1  subsection:
     2     (i)  Chooses in the 2007-2008 school year not to establish or
     3  expand a full-day kindergarten program consistent with the
     4  requirements of this subsection.
     5     (ii)  Chooses, in the 2008-2009 school year or thereafter,
     6  not to establish, maintain or expand a full-day kindergarten
     7  program consistent with the requirements of this subsection.
     8     (iii)  Submits a plan that does not comply with this section.
     9     (c)  (1)  No later than April 10, 2004, and April 10, 2005,
    10  the department shall notify each school district of the grant
    11  amount it will receive under subsection (d). No later than April
    12  10, 2006[, and April 10 of each school year thereafter,] the
    13  department shall notify each school district of the grant amount
    14  it will receive under subsection (d.1). No later than April 10,
    15  2007, and April 10 of each school year thereafter, the
    16  department shall notify each school district of the grant amount
    17  that it will receive under subsection (d.2).
    18     (2)  Within thirty (30) days of receipt of the notification
    19  under paragraph (1), the school district shall submit to the
    20  department an accountability grant plan. The plan shall include:
    21     (i)  Reference to the programs or activities under subsection
    22  (b) for which the grant funds will be used.
    23     (ii)  Identification of whether the grant funds will be used
    24  to establish, maintain or expand the programs or activities
    25  referenced under subparagraph (i).
    26     (iii)  A brief description of the programs or activities for
    27  which the grant funds will be used.
    28     (iv)  Identification of how additional grant funding provided
    29  consistent with subsection (b.2) will be used to establish or
    30  expand a full-day kindergarten program or, for the 2008-2009
    20070H1057B1294                  - 6 -     

     1  school year and each school year thereafter, how such funding
     2  will be used to maintain a full-day kindergarten program that
     3  was expanded or established in 2007-2008.
     4     (3)  (i)  Where the accountability grant plan submitted under
     5  paragraph (2) proposes to use the grant funds for a program or
     6  activity under subsection (b)(11), the department shall have
     7  fifteen (15) days from the receipt of the plan to disapprove the
     8  use and notify the school district of the reason for the
     9  disapproval. Within thirty (30) days of the receipt of notice of
    10  disapproval, the school district shall submit a revised
    11  accountability grant plan under paragraph (2).
    12     (ii)  Where the accountability grant plan submitted under
    13  paragraph (2) proposes to use the grant funds for a program or
    14  activity under subsection (b)(11) and the school district fails
    15  to receive notification from the secretary within fifteen (15)
    16  days of receipt that its request has been disapproved, the
    17  school district may proceed to implement the proposed programs
    18  or activities.
    19     (4)  Where the accountability grant plan submitted under
    20  paragraph (2) proposes to use the grant funds for a program or
    21  activity under subsection (b)(1), (2), (3), (4), (5), (6), (7),
    22  (8), (9) or (10), the department may, within thirty (30) days
    23  from the receipt of the plan, make nonbinding recommendations
    24  for alternative utilization of the grant funds.
    25     (5)  No later than February 1, 2005, and February 1 of each
    26  year thereafter, the department shall submit a report to the
    27  majority and minority chairs of the Appropriations and Education
    28  Committees of the Senate and to the majority and minority chairs
    29  of the Appropriations and Education Committees of the House of
    30  Representatives summarizing the operation of the program for
    20070H1057B1294                  - 7 -     

     1  that fiscal year. The report shall include:
     2     (i)  A description of the operation of the program.
     3     (ii)  A summary of the total amount of grant funds paid to
     4  school districts used for programs or activities under
     5  subsection (b).
     6     (iii)  A summary of the uses of grant funds to school
     7  districts used for programs or activities under subsection (b).
     8     (iv)  An identification of the number of school districts
     9  that used grant funds for each of the programs or activities
    10  under subsection (b).
    11     (v)  A listing of each school district and the program or
    12  activity under subsection (b) for which the grant funds were
    13  used.
    14     (vi)  An identification of the number of school districts
    15  that used grant funds to establish, maintain or expand the
    16  program or activity for which the grant funds under subsection
    17  (b) were used.
    18     (vii)  A listing of each school district and whether the
    19  grant funds were used to establish, maintain or expand the
    20  program or activity for which the grant funds under subsection
    21  (b) were used.
    22     (viii)  A summary of the use of grant funds awarded under
    23  subsection (d.3).
    24     (d)  During the 2004-2005 and 2005-2006 school years, the
    25  department shall pay to each school district a Pennsylvania
    26  Accountability grant equal to the sum of the amounts calculated
    27  under paragraphs (1) and (2) as follows:
    28     (1)  Each school district shall receive an amount based on
    29  the percentage of its students scoring below proficient on the
    30  PSSA tests, calculated as follows:
    20070H1057B1294                  - 8 -     

     1     (i)  Divide the number of PSSA tests administered in the
     2  school district on which students scored below proficient in
     3  reading or mathematics during the 2002-2003 school year by the
     4  total number of PSSA tests scored in reading and mathematics in
     5  the school district during the 2002-2003 school year.
     6     (ii)  Multiply the quotient from subparagraph (i) by the
     7  average daily membership of the school district for the 2002-
     8  2003 school year.
     9     (iii)  Multiply the product from subparagraph (ii) by the
    10  market value/income aid ratio of the school district for the
    11  2003-2004 school year.
    12     (iv)  Multiply the product from subparagraph (iii) by one
    13  hundred fifty million dollars ($150,000,000).
    14     (v)  Divide the product from subparagraph (iv) by the sum of
    15  the products of subparagraph (iii) for all school districts.
    16     (2)  Each school district shall receive an amount based on
    17  the percentage of its students scoring at or above proficient on
    18  the PSSA tests, calculated as follows:
    19     (i)  Divide the number of PSSA tests administered in the
    20  school district on which students scored at or above proficient
    21  in reading or mathematics during the 2002-2003 school year by
    22  the total number of PSSA tests scored in reading and mathematics
    23  in the school district during the 2002-2003 school year.
    24     (ii)  Multiply the quotient from subparagraph (i) by the
    25  average daily membership of the school district for the 2002-
    26  2003 school year.
    27     (iii)  Multiply the product from subparagraph (ii) by the
    28  market value/income aid ratio of the school district for the
    29  2003-2004 school year.
    30     (iv)  Multiply the product from subparagraph (iii) by fifty
    20070H1057B1294                  - 9 -     

     1  million dollars ($50,000,000).
     2     (v)  Divide the product from subparagraph (iv) by the sum of
     3  the products of subparagraph (iii) for all school districts.
     4     (3)  Grants awarded under this section shall be paid to
     5  school districts on the last Thursday of July.
     6     (d.1)  (1)  During the 2006-2007 school year [and each school
     7  year thereafter], the department shall pay to each school
     8  district a Pennsylvania accountability grant equal to the amount
     9  determined in subsection (d) plus the sum of the amounts
    10  calculated under paragraphs (2) and (3).
    11     (2)  Each school district shall receive an amount based on
    12  the percentage of its students scoring below proficient on the
    13  PSSA tests administered in grades five, eight and eleven,
    14  calculated as follows:
    15     (i)  Divide the number of PSSA tests administered in the
    16  school district on which students scored below proficient in
    17  reading or mathematics during the 2004-2005 school year by the
    18  total number of PSSA tests scored in reading and mathematics in
    19  the school district during the 2004-2005 school year.
    20     (ii)  Multiply the quotient from subparagraph (i) by the
    21  average daily membership of the school district for the 2004-
    22  2005 school year.
    23     (iii)  Multiply the product from subparagraph (ii) by the
    24  market value/income aid ratio of the school district for the
    25  2005-2006 school year.
    26     (iv)  Multiply the product from subparagraph (iii) by thirty-
    27  seven million five hundred thousand dollars ($37,500,000).
    28     (v)  Divide the product from subparagraph (iv) by the sum of
    29  the products of subparagraph (iii) for all school districts.
    30     (3)  Each school district shall receive an amount based on
    20070H1057B1294                 - 10 -     

     1  the percentage of its students scoring at or above proficient on
     2  the PSSA tests administered in grades five, eight and eleven,
     3  calculated as follows:
     4     (i)  Divide the number of PSSA tests administered in the
     5  school district on which students scored at or above proficient
     6  in reading or mathematics during the 2004-2005 school year by
     7  the total number of PSSA tests scored in reading and mathematics
     8  in the school district during the 2004-2005 school year.
     9     (ii)  Multiply the quotient from subparagraph (i) by the
    10  average daily membership of the school district for the 2004-
    11  2005 school year.
    12     (iii)  Multiply the product from subparagraph (ii) by the
    13  market value/income aid ratio of the school district for the
    14  2005-2006 school year.
    15     (iv)  Multiply the product from subparagraph (iii) by twelve
    16  million five hundred thousand dollars ($12,500,000).
    17     (v)  Divide the product from subparagraph (iv) by the sum of
    18  the products of subparagraph (iii) for all school districts.
    19     (4)  Grants awarded under this subsection shall be paid to
    20  school districts on the last Thursday of July.
    21     (d.2)  (1)  During the 2007-2008 school year and each school
    22  year thereafter, the department shall pay to each school
    23  district a Pennsylvania accountability grant equal to the amount
    24  determined under subsection (d.1) plus the sum of the amounts
    25  calculated under paragraphs (2) and (3).
    26     (2)  Each school district shall receive an amount based on
    27  the percentage of its students scoring below proficient on PSSA
    28  tests administered in the school district, calculated as
    29  follows:
    30     (i)  Divide the number of PSSA tests administered in the
    20070H1057B1294                 - 11 -     

     1  school district on which students scored below proficient in
     2  reading or mathematics during the 2005-2006 school year by the
     3  total number of PSSA tests scored in reading and mathematics in
     4  the school district during the 2005-2006 school year.
     5     (ii)  Multiply the quotient from subparagraph (i) by the
     6  average daily membership of the school district for the 2005-
     7  2006 school year.
     8     (iii)  Multiply the product from subparagraph (ii) by the
     9  market value/income aid ratio of the school district for the
    10  2006-2007 school year.
    11     (iv)  Multiply the product from subparagraph (iii) by
    12  eighteen million seven hundred fifty thousand dollars
    13  ($18,750,000).
    14     (v)  Divide the product from subparagraph (iv) by the sum of
    15  the products of subparagraph (iii) for all school districts.
    16     (3)  Each school district shall receive an amount based on
    17  the percentage of its students scoring at or above proficient on
    18  PSSA tests administered in the school district, calculated as
    19  follows:
    20     (i)  Divide the number of PSSA tests administered in the
    21  school district on which students scored at or above proficient
    22  in reading or mathematics during the 2005-2006 school year by
    23  the total number of PSSA tests scored in reading and mathematics
    24  in the school district during the 2005-2006 school year.
    25     (ii)  Multiply the quotient from subparagraph (i) by the
    26  average daily membership of the school district for the 2005-
    27  2006 school year.
    28     (iii)  Multiply the product from subparagraph (ii) by the
    29  market value/income aid ratio of the school district for the
    30  2006-2007 school year.
    20070H1057B1294                 - 12 -     

     1     (iv)  Multiply the product from subparagraph (iii) by six
     2  million two hundred fifty thousand dollars ($6,250,000).
     3     (v)  Divide the product from subparagraph (iv) by the sum of
     4  the products of subparagraph (iii) for all school districts.
     5     (d.3)  (1)  In the 2007-2008 school year and each school year
     6  thereafter, seventy-five million dollars ($75,000,000) of funds
     7  appropriated for annual accountability grants shall be reserved
     8  for the Pre-K Counts Program, which is established in the
     9  department for the purpose of providing grants to expand pre-
    10  kindergarten opportunities for eligible students.
    11     (2)  The department shall establish a competitive grant
    12  process to award Pre-K Counts funds to eligible providers.
    13  Eligible providers may apply on their own or in conjunction with
    14  other eligible providers.
    15     (3)  In addition to any other requirements set forth by the
    16  department, in order to be eligible for a grant under this
    17  program, an eligible provider shall agree to all of the
    18  following quality program standards:
    19     (i)  Pre-kindergarten shall be planned to provide no fewer
    20  than 180 days over the course of the school year. A half-day
    21  program shall provide no fewer than two and one-half hours of
    22  instructional activities per day. A full-day program shall
    23  provide no fewer than five hours of instructional activities per
    24  day.
    25     (ii)  Pre-kindergarten curriculum shall be aligned with early
    26  learning standards established by the department.
    27     (iii)  The progress of each eligible student shall be
    28  measured using an assessment approved by the department.
    29     (iv)  Each approved provider shall engage in coordination and
    30  partnerships organized for the purpose of community education
    20070H1057B1294                 - 13 -     

     1  and outreach on early childhood education, assessing needs and
     2  resources, and coordinating and developing strategies to address
     3  these issues.
     4     (v)  Each approved provider shall comply with monitoring
     5  requirements issued by the department.
     6     (vi)  Each approved provider shall adopt and implement a
     7  comprehensive disaster response and emergency preparedness plan
     8  consistent with 35 Pa.C.S. § 7701 (relating to duties concerning
     9  disaster prevention), regardless of whether the provider is a
    10  school district, child day care center, group day care home,
    11  Head Start or nursery school.
    12     (vii)  If the program is a full-day program, appropriately
    13  timed meals and snacks shall be served. If the program is a
    14  half-day program, appropriately timed snacks shall be served.
    15     (viii)  The requirements of 22 Pa. Code §§ 4.13(c)(12)(I) and
    16  (II), (13) and (14) (relating to strategic plans) and 4.20(2),
    17  (6), (7), (8) and (11) (relating to prekindergarten education),
    18  28 Pa. Code § 27.77 (relating to immunization requirements for
    19  children in child care group settings) and 55 Pa. Code §
    20  3270.162(b), (c) and (d) (relating to meals) shall apply to each
    21  approved provider, regardless of whether the provider is a
    22  school district, a child day care center, a group day care home,
    23  a Head Start or a nursery school.
    24     (4)  Priority for the award of grants available under this
    25  subsection shall be as follows:
    26     (i)  For eligible providers seeking funding for their first
    27  year of operation under this program, first priority shall be
    28  given to eligible providers applying to serve children residing
    29  in a school district in which thirty percent (30%) or more of
    30  the students on October 31 of the preceding school year were
    20070H1057B1294                 - 14 -     

     1  eligible for free or reduced price meals under the school lunch
     2  program and who include at-risk children in their targeted
     3  enrollment.
     4     (ii)  For eligible providers seeking funding for their first
     5  year of operation, second priority shall be given to eligible
     6  providers who do not meet the requirement under subparagraph (i)
     7  but who shall target enrollment of eligible students to at-risk
     8  children.
     9     (iii)  For the 2008-2009 school year and each school year
    10  thereafter, priority shall be given to renewal of grant
    11  applications to approved providers who have operated pre-
    12  kindergarten programs under this section in the preceding school
    13  year and who have met the program standards and can demonstrate
    14  satisfactory implementation of the program as established by the
    15  department before consideration of new applications to eligible
    16  providers.
    17     (5)  The department shall do all of the following:
    18     (i)  Establish early learning standards.
    19     (ii)  Establish allowable and required grant uses and per
    20  pupil funding levels to determine grant awards under this
    21  subsection. The per pupil funding level may be adjusted annually
    22  and may vary by region.
    23     (iii)  Issue guidance on developmentally appropriate
    24  curriculum and instruction for pre-kindergarten students.
    25     (iv)  Issue guidance for continuing education and provide
    26  that teacher's aides shall complete no fewer than twenty-four
    27  (24) hours of continuing professional education each year.
    28     (v)  Identify one or more approved assessments to be used by
    29  approved providers.
    30     (vi)  Establish requirements to ensure the quality and
    20070H1057B1294                 - 15 -     

     1  effectiveness of the program and monitor approved providers,
     2  which shall include site visits.
     3     (vii)  Support the development and maintenance of community
     4  coordination and partnerships.
     5     (viii)  Determine whether each approved provider has met the
     6  standards established by the department.
     7     (ix)  In consultation with the Secretary of Health, establish
     8  requirements for health services for pre-kindergarten programs
     9  provided under this subsection.
    10     (x)  Promulgate any regulations necessary to implement the
    11  provisions of this subsection. The regulations shall be
    12  promulgated in final-omit form as provided in the act of July
    13  31, 1968 (P.L.769, No.240), referred to as the "Commonwealth
    14  Documents Law."
    15     (xi)  Perform all other functions necessary to carry out the
    16  Pre-K Counts Program.
    17     (6)  Grants shall be made under this subsection to the extent
    18  funds are appropriated by the General Assembly. Grants made
    19  under this subsection shall be used to supplement, not supplant,
    20  public funds received from any other source.
    21     (7)  An approved provider who is a school district shall not
    22  include eligible students on whose behalf a grant award is made
    23  pursuant to this subsection for the purpose of calculating
    24  average daily membership.
    25     (8)  For purposes of this subsection:
    26     "Approved provider."  An eligible provider who has been
    27  approved by the department to offer pre-kindergarten under this
    28  subsection.
    29     "At-risk children."  Those children who, because of their
    30  home or community environment, are subject to economic,
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     1  language, cultural and like disadvantages to cause them to be at
     2  risk of academic failure.
     3     "Average daily membership."  The term shall have the same
     4  meaning as in Article XXV.
     5     "Eligible provider."  Any of the following entities, if the
     6  entity complies with all quality program standards established
     7  under subsection (d.3)(3):
     8         (1)  A school district.
     9         (2)  A Head Star program.
    10         (3)  A nursery school.
    11         (4)  A child day care center or a group day care home
    12     that has met or exceeded the standards of STAR 2 under the
    13     Keystone STARS quality rating system established by the
    14     Department of Public Welfare.
    15     "Eligible student."  A child who is at least three (3) years
    16  of age and less than the entry age of kindergarten in the school
    17  district of residence.
    18     "Head Start."  A program funded under the Head Start Act
    19  (Public Law 97-35, 42 U.S.C. § 9831 et seq.) and carried out by
    20  a Head Start agency that provides ongoing comprehensive child
    21  development services.
    22     "Instructional activities."  Any of the following:
    23         (1)  Classroom instruction.
    24         (2)  Orientation.
    25         (3)  Snack time, meal time and play time, if they are an
    26     integral part of the curriculum.
    27         (4)  Opening exercises.
    28         (5)  School, group or class educational trips to which
    29     admission is not charged to students or parents and a teacher
    30     accompanies the students.
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     1         (6)  Student services, such as guidance and counseling
     2     services, psychological services, speech pathology and
     3     audiology services and student health services.
     4         (7)  Civil defense, fire, bus evacuation and similar
     5     drills.
     6         (8)  Early dismissal and delayed opening due to inclement
     7     weather.
     8     "Nursery school."  A nursery school that is licensed under
     9  the act of January 28, 1988 (P.L.24, No.11), known as the
    10  "Private Academic Schools Act."
    11     "School lunch program."  The National School Lunch Program in
    12  7 CFR 210.2 (relating to definitions).
    13     (e)  All of the following shall apply for grant funds
    14  received under subsection (d.2):
    15     (1)  The department shall establish reporting procedures and
    16  auditing guidelines to ensure that grant funds are utilized in
    17  accordance with subsection (b).
    18     (2)  A school district shall maintain separate accounts in
    19  its budget to facilitate monitoring the use of the grant funds.
    20     (3)  In no case shall a school district use grant funds for
    21  administrative costs as defined by the department.
    22     (4)  The department shall reduce the amount of a State
    23  subsidy payment to a school district by the amount of any grant
    24  funds provided under this section if the school district does
    25  not utilize the grant funds in accordance with subsection (b)
    26  and the accountability grant plan submitted pursuant to
    27  subsection (d).
    28     (5)  No grant funds may be used directly to increase salaries
    29  except as provided for in subsection (b)(10).
    30     (6)  No school district may place grant funds received under
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     1  this section in a reserve account.
     2     (f)  As used in this section, the following words and phrases
     3  shall have the meanings given to them in this subsection:
     4     "Applied knowledge."  Information technology, computer
     5  equipment, education software and related advanced technologies
     6  necessary to increase students' access to worldwide information
     7  and their expertise in this regard.
     8     "Department."  The Department of Education of the
     9  Commonwealth.
    10     "Grant."  A Pennsylvania accountability grant awarded under
    11  this section.
    12     "Highly qualified."  A highly qualified elementary teacher or
    13  a highly qualified middle or secondary teacher as defined in 22
    14  Pa. Code § 403.2 (relating to definitions).
    15     "Science."  A curricular offering in support of the science
    16  and technology content area as defined in 22 Pa. Code § 4.12
    17  (relating to academic standards).
    18     Section 2.  This act shall take effect July 1, 2007, or
    19  immediately, whichever is later.








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