THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY CLYMER, S. H. SMITH, BRENNAN, DENLINGER, FLECK, GINGRICH, GROVE, HENNESSEY, KAUFFMAN, MAJOR, McILVAINE SMITH, MILLER, MILNE, MOUL, MURT, O'NEILL, PHILLIPS, QUIGLEY, RAPP, REESE, REICHLEY, ROCK, SAYLOR, STERN, TALLMAN, TURZAI AND VULAKOVICH, JANUARY 19, 2010

REFERRED TO COMMITTEE ON EDUCATION, JANUARY 19, 2010  

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," in early learning programs, further

providing for establishment of program, for duties of

department, for grant awards and for duties of approved

providers; and providing for study.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1512-D of the act of March 10, 1949

(P.L.30, No.14), known as the Public School Code of 1949, added

July 20, 2007 (P.L.278, No.45), is amended to read:

Section 1512-D.  Establishment of program.

(a)  General rule.--To the extent that funds are appropriated

by the General Assembly, the department shall establish the

Pennsylvania Pre-K Counts Program as a competitive grant program

to expand pre-kindergarten opportunities for eligible students.

(b)  Construction.--Nothing in this section shall be

construed to prevent families with children who participate in

early learning programs and are willing and able to pay part or

all of the cost of such participation from doing so.

Section 2.  Section 1513-D(1) of the act, added July 20, 2007

(P.L.278, No.45), is amended and the section is amended by

adding paragraphs to read:

Section 1513-D.  Duties of department.

The department shall have the following powers and duties:

(1)  To promulgate regulations and establish guidelines

and standards necessary to implement this subarticle. In

promulgating the initial regulations, the department shall

follow the procedures provided in the act of July 31, 1968

(P.L.769, No.240), referred to as the Commonwealth Documents

Law, and the act of June 25, 1982 (P.L.633, No.181), known as

the Regulatory Review Act, for promulgation and review of

final-omitted regulations. Subsequent regulations promulgated

under this subarticle or amendments to the initial

regulations shall not be in final-omitted form. Guidelines

established by the department under this subarticle shall be

considered as statements of policy under the act of July 31,

1968 (P.L.769, No.240), referred to as the Commonwealth

Documents Law.

* * *

(8)  To establish a fee schedule for persons enrolling in

the program, taking into consideration the findings and

recommendations of the study required under section 1517-D.

The fee schedule shall be published on the department's

Internet website and in the Pennsylvania Bulletin and shall

be applied to program applicants beginning with the 2011-2012

school year.

(9)  To establish guidelines for approved providers to

engage in outreach and partnership with Head Start, Child

Care Works and other child-care programs:

(i)  to inform the programs and client families about

the availability of pre-kindergarten services under this

subarticle, including the eligibility requirements for

enrollment of children; and

(ii)  to coordinate the number and availability of

openings for children on the waiting lists of these other

programs.

(10)  To exempt eligible providers from complying with

program guidelines established in paragraph (1) upon proof of

accreditation, in good standing, from a national education

accrediting agency.

Section 3.  Section 1514-D of the act, added July 20, 2007

(P.L.278, No.45), is amended to read:

Section 1514-D.  Grant awards.

The department shall award grants under this subarticle to

the extent that funds are appropriated for the program by the

General Assembly. The grants shall be awarded on a per-student

basis for each eligible student served by an approved provider

and shall not exceed the per-student cost of administering the

approved provider's pre-kindergarten program. [To the greatest

extent possible, the] The department shall:

(1)  Give higher priority in grant funding to approved

providers serving [the highest number or the highest

percentage of] at-risk eligible students as follows:

(i)  First, those students who, prior to enrollment,

were or are on the waiting lists for Head Start programs

authorized by the Omnibus Budget Reconciliation Act of

1981 (Public Law 97-35, 95 Stat. 357) or Child Care Works

programs authorized by the act of June 13, 1967 (P.L.31,

No.21), known as the Public Welfare Code.

(ii)  Second, other at-risk eligible students.

(2)  In awarding grants to the providers identified under

paragraph (1), to:

(i)  Give [priority] consideration in grant funding

to approved providers that received grant funds in the

immediately preceding school year, have met the program

standards and have demonstrated satisfactory

implementation of the program.

[(3)]  (ii)  Ensure that grant funding is

geographically dispersed to approved providers throughout

this Commonwealth.

Section 4.  Section 1515-D(a) of the act, added July 20, 2007

(P.L.278, No.45), is amended and the section is amended by

adding a subsection to read:

Section 1515-D.  Duties of approved providers.

(a)  General rule.--An approved provider that receives grant

funds under this subarticle shall have the following duties:

(1)  Maintain separate accounts in its budget to

facilitate monitoring and auditing of the use of the grant

funds[.] subject to the following:

(i)  If the approved provider is a school district,

the school district shall not place grant funds in a

reserve account.

(ii)  In no case shall the approved provider use

grant funds for administrative costs as defined by the

department.

(iii)  In no case shall the approved provider use

grants funds for lobbying activities as defined by 65

Pa.C.S. Ch. 13A (relating to lobbying disclosure).

(2)  Plan to provide no fewer than 180 days of pre-

kindergarten over the course of the school year. A half-day

program shall provide no fewer than two and one-half hours of

instructional activities per day. A full-day program shall

provide no fewer than five hours of instructional activities

per day.

(3)  Align the pre-kindergarten program's curriculum with

early learning standards established by the department or

school district.

(4)  Perform all other duties pursuant to applicable

regulations and standards.

(5)  Verify or cause to be verified by a third party the

residency and income of applicants to the program through

examination of any of the following:  individual income tax

Form 1040, W-2 forms, pay stubs, pay envelopes, written

statements from employers and documentation showing current

status as recipients of public assistance.

* * *

(c)  (1)  The department or the Auditor General may conduct

such audits and reviews of the grant program including

average daily membership calculations in subsection (b),

reporting requirements as specified in section 1516-D and as

the department or the Auditor General determines to be

necessary or appropriate. The scope of the audits shall be

limited to the use of all State funds accessed for the Pre-K

Counts Program.

(2)  Copies of all audit reports or reviews conducted by

the department or the Auditor General shall be made available

to the chairman and minority chairman of the Education

Committee of the Senate and the chairman and minority

chairman of the Education Committee of the House of

Representatives.

Section 5.  The act is amended by adding a section to read:

Section 1517-D.  Study.

(a)  General rule.--The Legislative Budget and Finance

Committee shall conduct a study on the appropriateness and

efficacy of fees and copayments as an element of the program.

The study shall include:

(1)  The policy issues associated with fees and

copayments, including the at-risk nature of the children, the

availability of services to this population and the economic

means of families to purchase high-quality pre-kindergarten

services. The relationship between fees, copayments and

tuition charged to private pay program enrollees should also

be included.

(2)  The use of copayments in state-funded pre-

kindergarten programs of other states.

(3)  The benefits and detriments of imposing a fee or

copayment system including approaches to implementation that

create the least burden for providers and the possibility of

allowing access to the fee payment processing systems in

place for such programs as Child Care Works or other child

care programs, in order to ensure the lowest and most

effective imposition of administrative costs upon the

Commonwealth and so that such benefits and detriments do not

impede the intent of the program.

(b)  Limitations.--

(1)  The study shall focus on income levels greater than

$100 of Federal poverty guidelines, but less than 300% of

Federal poverty guidelines.

(2)  Income levels that meet eligibility requirements for

Head Start or subsidized day care shall be outside the scope

of the study.

(3)  No recommendations of the study to establish a

schedule of fees or copayments may include program

participants who meet income eligibility requirements for

Head Start or subsidized day care.

(c)  Consultations.--The Legislative Budget and Finance

Committee may consult with the department and the Department of

Public Welfare, including the Office of Child Development and

Early Learning, and other entities in conducting the study.

(d)  Deadline.--The report shall be completed and submitted

to the Governor and the General Assembly no later than December

30, 2010.

Section 6.  This act shall take effect in 60 days.