THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY CLYMER, BARRAR, BRENNAN, R. BROWN, DENLINGER, FABRIZIO, GEIST, GINGRICH, GODSHALL, HARHAI, HARHART, HENNESSEY, HESS, MAHER, MILLER, MILNE, RAPP, READSHAW, SCAVELLO, TALLMAN AND VULAKOVICH, APRIL 28, 2011

REFERRED TO COMMITTEE ON EDUCATION, APRIL 28, 2011  

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 Head Start expansion and for duties of

department.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1505-D of the act of March 10, 1949

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

amended by adding subsections to read:

Section 1505-D.  Head Start expansion.

* * *

(c)  Moratorium.--

(1)  Notwithstanding any other provision of law, a

moratorium is established on the implementation of 22 Pa.

Code § 405.44(a) (relating to staffing and professional

development) until December 31, 2015.

(2)  The department shall post on its Internet website

and send written notification to school entities and eligible

providers registered with the Commonwealth of the moratorium

of the implementation of 22 Pa. Code § 405.44(a).

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

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

Section 1513-D.  Duties of department.

(a)  General rule.--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.

(2)  To establish the process through which eligible

providers may apply for grant funds, allowable and required

grant uses and per-student funding levels and the criteria

used to identify approved providers for grant funds.

(3)  To identify one or more assessments to be used by

approved providers, the cost of which shall be paid as part

of an approved provider's grant award.

(4)  To encourage the development and maintenance of

community coordination and partnerships.

(5)  To perform all other functions necessary to carry

out the program, including the monitoring of approved

providers.

(6)  To enter into agreements with third-party entities,

to include intermediate units, to carry out the provisions of

this subarticle.

(7)  To publish the process through which eligible

providers may apply for grant funds, the criteria used to

identify approved providers for grant funds and the per-

student funding levels of approved providers, by county, on

the department's Internet website and in the Pennsylvania

Bulletin within 60 days of the effective date of this

section.

(b)  Moratorium.--

(1)  Notwithstanding any other provision of law, a

moratorium is established on the implementation of 22 Pa.

Code § 405.44(a) (relating to staffing and professional

development) until December 31, 2015.

(2)  The department shall post on its Internet website

and send written notification to school entities and eligible

providers registered with the Commonwealth of the moratorium

of the implementation of 22 Pa. Code § 405.44(a).

(c)  Work group.--

(1)  The department shall convene a work group of program

operators, association representatives and department

personnel to conduct a review of early childhood programs

funded through the department and the Department of Public

Welfare as follows:

(i)  Departmental location and organizational

structure shall be assessed regarding the various early

childhood programs' legal authority, overlap of duties

and responsibilities and communication mechanisms.

(ii)  Programs, policies and guidelines shall be

reviewed and revised to reduce unnecessary and

duplicative administrative procedures and paperwork.

(iii)  Existing eligibility requirements for both

providers and program participants shall be reviewed to

ensure the greatest amount of opportunity across all

programs to the students most at risk.

(iv)  Certification and inspection requirements shall

be reviewed and consolidated.

(v)  Funding criteria and distribution across early

childhood programs shall be evaluated to ensure

compliance with legal requirements, focus on quality

programs and equity in the distribution where possible.

(vi)  Reporting and information systems shall be

reviewed and limited to those data elements needed to

meet Federal program requirements and ensure program

quality and accountability.

(vii)  Program copays across all early childhood

programs shall be reviewed for consistency of application

and administration and a determination of when copays

should be instituted to increase access to early

childhood programs.

(2)  The majority of the work group shall consist of

program operators selected in consultation with 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.

(3)  No later than February 1, 2012, the work group shall

submit to the Education Committee of the Senate and the

Education Committee of the House of Representatives a report

identifying recommended legislative and program changes,

provided that all changes shall be child and funding neutral.

Section 3.  This act shall take effect in 60 days.