Regular Session 2021-2022 House Bill 0689 P.N. 0647

PRINTER'S NO. 647

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

689

Session of

2021

INTRODUCED BY FITZGERALD, KINSEY, HILL-EVANS, SANCHEZ, KENYATTA,

CONKLIN, GUZMAN, HANBIDGE, A. DAVIS, SCHWEYER, DeLUCA,

SOLOMON, KINKEAD, FREEMAN, NEILSON, INNAMORATO, SHUSTERMAN,

DELLOSO, STURLA AND T. DAVIS, FEBRUARY 26, 2021

REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 26, 2021

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 duties and powers of boards of

school directors, further providing for kindergartens; in

pupils and attendance, further providing for age limits and

temporary residence, for definitions and for when provided;

and providing for full-day kindergarten.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 503 and 1301 of the act of March 10,

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

are amended to read:

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

directors in [any] each school district [may] shall establish

and maintain kindergartens for children between the ages of

[four] three and [six] five years. When established, the

kindergartens shall be an integral part of the elementary school

system of the district, and be kept open on a full-time basis

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 full-day kindergartens in any one district

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

open during the school year and made available to all children

residing in the district who are of the age fixed pursuant to

subsection (a).

[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.]

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.

Section 1301. Age Limits; Temporary Residence.--(a) Every

child, being a resident of any school district, between the ages

of six (6) and twenty-one (21) years, may attend the public

schools in his district, subject to the provisions of this act.

Notwithstanding any other provision of law to the contrary, a

child who attains the age of twenty-one (21) years during the

school term and who has not graduated from high school may

continue to attend the public schools in his district free of

charge until the end of the school term. The board of school

directors of any school district may admit to the schools of the

district, with or without the payment of tuition, any non-

resident child temporarily residing in the district, and may

require the attendance of such non-resident child in the same

manner and on the same conditions as it requires the attendance

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of a resident child.

(b) Notwithstanding subsection (a) or any other provision of

law or regulation to the contrary, a child, being a resident of

a school district, between the ages of three and five years may

attend full-day kindergarten in accordance with the provisions

of this subarticle and the rules, regulations or standards

prescribed by the State Board of Education without the payment

of tuition, provided:

(1) the school district of the non-resident child is in the

same intermediate unit; and

(2) the school districts have entered an agreement to offer

full-day kindergarten jointly in accordance with regulations of

the State Board of Education.

Section 2. The definition of "compulsory school age" in

section 1326 of the act, amended June 28, 2019 (P.L.117, No.16),

is amended to read:

Section 1326. Definitions.--When used in this article, the

following words and phrases shall have the following meanings:

* * *

"Compulsory school age" shall mean the period of a child's

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

enter school and which shall be no later than six (6) years of

age until the child reaches eighteen (18) years of age. Nothing

in this section shall be construed to preclude a child's parents

from electing to have the child attend full-day kindergarten at

the age of three (3) years. The term does not include a child

who holds a certificate of graduation from a regularly

accredited, licensed, registered or approved high school.

* * *

Section 3. Section 1361 of the act, amended October 30, 2019

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(P.L.460, No.76), is amended to read:

Section 1361. When Provided.--(1) The board of school

directors in any school district may, out of the funds of the

district, provide for the free transportation of any resident

pupil to and from the kindergarten, including full-day

kindergarten, elementary school, or secondary school in which he

is lawfully enrolled, provided that such school is not operated

for profit and is located within the district boundaries or

outside the district boundaries at a distance not exceeding ten

miles by the nearest public highway, except that such ten-mile

limit shall not apply to area career and technical schools which

regularly serve eligible district pupils or to special schools

and classes approved by the Department of Education, and to and

from any points within or without the Commonwealth in order to

provide field trips for any purpose connected with the

educational pursuits of the pupils. When provision is made by a

board of school directors for the transportation of public

school pupils to and from such schools or to and from any points

within or without the Commonwealth in order to provide field

trips as herein provided, the board of school directors shall

also make identical provision for the free transportation of

pupils who regularly attend nonpublic kindergarten, elementary

and high schools not operated for profit to and from such

schools or to and from any points within or without the

Commonwealth in order to provide field trips as herein provided.

Such transportation of pupils attending nonpublic schools shall

be provided during regular school hours on such dates and

periods that the nonpublic school not operated for profit is in

regular session, according to the school calendar officially

adopted by the directors of the same in accordance with

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provisions of law. The board of school directors shall provide

such transportation whenever so required by any of the

provisions of this act or of any other act of Assembly.

(1.1) Nothing in this section shall be construed to prohibit

a board of school directors from entering into an agreement with

another school district in the same intermediate unit to provide

for the free transportation of resident and nonresident pupils

enrolled in full-day kindergarten jointly in accordance with

regulations of the State Board of Education.

(2) The board of school directors in any school district

may, if the board deems it to the best interest of the school

district, for the purposes of transporting pupils as required or

authorized by any of the provisions of this act or of any other

act of the Assembly, appropriate funds for urban common carrier

mass transportation purposes from current revenues to urban

common carrier mass transportation authorities to assist the

authorities to meet costs of operation, maintenance, capital

improvements, and debt service. Said contributions shall not be

subject to reimbursement by the Commonwealth of Pennsylvania.

(3) The State Board of Education shall adopt regulations,

including qualifications of school bus drivers, to govern the

transportation of school pupils[.] and transportation of pupils

enrolled in full-day kindergarten by and between school

districts in the same intermediate unit.

Section 4. Article XV-D of the act is amended by adding a

subarticle to read:

Section 1520-D. Findings and purpose.

The General Assembly finds and declares that:

(1) Numerous national and international studies have

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found that high-quality early childhood education gives

children the best possible start in life.

(2) The studies conclude that early childhood education,

inherent in full-day kindergarten, is essential to supporting

the cognitive, social, emotional and physical development of

young children.

(3) Kindergarten is essential to ensuring the school

readiness of children when they enter first grade.

(4) Full-day kindergarten should be established and

implemented as a formal, integral component of basic

education instruction in the public school system of this

Commonwealth.

(5) The purpose of this subarticle is to provide for the

development of a State plan to facilitate the establishment

and implementation of full-day kindergarten in this

Commonwealth.

Section 1521-D. Definitions.

The following words and phrases when used in this subarticle

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Approved provider." A full-day kindergarten provider that

is:

(1) a school entity;

(2) a Head Start program as defined under section 1501-

D; or

(3) a private provider approved by the department.

"Charter school." As defined under section 1703-A.

"Committee." The Full-Day Kindergarten Implementation

Advisory Committee established under section 1523-D.

"Department." The Department of Education of the

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Commonwealth.

"Eligible student." A child between three and five years of

age who is a resident of a school district.

"Full-day kindergarten." A program of instruction for

children between three and five years of age that conforms to

the regulations, rules and standards adopted by the department

in accordance with the requirements of this subarticle.

"Intermediate unit." The regional arrangements of school

districts to serve given geographic areas in accordance with

section 902-A.

"Program." A full-day kindergarten.

"School district." Includes school districts of all classes.

"School entity." Any public school district, intermediate

unit, area career and technical school or charter school.

"Secretary." The Secretary of Education of the Commonwealth.

"State plan" or "plan." The plan developed by the department

for the establishment and implementation of full-day

kindergarten by school districts in this Commonwealth.

Section 1522-D. Authority, powers and duty of department.

(a) Authorization to develop plan.--

(1) Notwithstanding any other provision of law or

regulation to the contrary, the department, in collaboration

with the committee, shall develop a State plan for the

establishment and implementation of full-day kindergarten for

eligible students in each school district in this

Commonwealth. The plan developed by the department shall be

based on the recommendations of the committee established

under section 1523-D(a).

(2) A school district may satisfy the requirements of

this subarticle by offering full-day kindergarten jointly

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with another school district in the same intermediate unit or

with an approved provider in accordance with regulations

adopted and promulgated by the State Board of Education.

(3) The plan developed by the department in accordance

with paragraph (1) shall make full-day kindergarten available

to eligible students in this Commonwealth by the 2022-2023

school year.

(b) Duties of department.--The department shall have the

following powers and duties:

(1) To develop a State plan in collaboration with the

committee for the establishment and implementation of full-

day kindergarten in accordance with subsection (a).

(2) To adopt and promulgate rules and regulations

necessary to carry out the provisions of this subarticle.

Regulations promulgated by the department shall be subject to

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. The

regulations shall include, but not be limited to, the

following:

(i) Standards for full-day kindergarten.

(ii) The minimum number of instructional hours

required for full-day kindergarten.

(iii) Standards and procedures to govern the

operation of full-day kindergarten by a school district

jointly with another school district or school districts

in the same intermediate unit.

(iv) Standards and procedures a school district must

follow to contract with approved providers of full-day

kindergarten.

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Section 1523-D. Full-Day Kindergarten Implementation Advisory

Committee.

(a) Establishment.--The Full-Day Kindergarten Implementation

Advisory Committee is established for the purpose of assisting

and advising the department in the development and

implementation of a State plan for full-day kindergarten in

school districts in this Commonwealth by the 2022-2023 school

year in accordance with section 1524-D(a). The committee shall

be staffed by employees of the department as designated by the

secretary.

(b) Membership of advisory committee.--

(1) Except as provided in subsection (c), the secretary

shall determine the public membership, terms of service and

organization of the committee and shall appoint the public

members of the committee in accordance with paragraph (2).

(2) In appointing the membership of the committee, the

secretary shall ensure geographic and demographic diversity

in membership, including individuals representing rural and

urban areas of this Commonwealth. The secretary shall ensure

that the composition of the committee includes the following:

(i) Three individuals representing boards of school

directors.

(ii) Two early childhood education teachers.

(iii) Two individuals who have expertise in early

childhood development.

(iv) One individual representing charter schools.

(v) Two individuals representing special education.

(vi) Three individuals, including at least two from

academia, who by reason of employment or profession, have

proven expertise in early childhood education and one who

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shall have expertise in English as a second language.

(vii) Two individuals representing the business

community.

(viii) Two parents or guardians.

(1) The following shall apply:

(i) The Majority Leader of the Senate and the

Minority Leader of the Senate shall each appoint one

Senator to serve as a nonvoting member of the committee.

(ii) The Majority Leader of the House of

Representatives and the Minority Leader of the House of

Representatives shall each appoint one representative to

serve as a nonvoting member of the committee.

(2) Legislative appointees shall be nonvoting members of

the committee and shall serve in an advisory capacity only.

(d) Chairperson.--The secretary shall serve as chairperson

of the committee and may appoint a designee to serve as acting

chairperson in his or her absence.

(e) Quorum, voting and meetings of committee.--

(1) A majority of the public members of the committee

shall constitute a quorum for the transaction of business.

(2) Official action by the committee shall require the

approval of a majority of the voting members of the

committee.

(3) When a vacancy occurs in public membership for any

cause, the secretary shall make an appointment to fill the

vacancy to become effective immediately.

(4) The committee shall meet at times and places

specified by the call of the chair.

(5) The committee may adopt rules as the committee

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determines necessary and appropriate for the work and

operation of the committee.

(f) Compensation.--

(1) Members of the committee appointed in accordance

with subsection (b) shall not be entitled to compensation or

reimbursement for expenses and shall serve as volunteers on

the committee except that public members may be reimbursed

for expenses incurred in the official discharge of duties as

members of the committee in accordance with Commonwealth

policy governing executive agencies under the jurisdiction of

the Governor.

(2) Legislative appointees of the committee shall not be

entitled to a per diem for service on the committee.

Reimbursement for mileage expenses or any other expense

incurred due to the work of the committee shall be at the

discretion of the legislative appointees' appointing

authority.

(g) Cooperation required.--Notwithstanding any other law or

regulation to the contrary, all agencies of State government and

all school entities shall assist the committee in the

performance of the committee's duties and shall, to the extent

permitted by laws relating to confidentiality, furnish

assistance, advice and information as the members of the

committee consider necessary to perform the committee's duties.

(h) Duty to provide resources.--In addition to the

requirements of section 1524-D, the committee shall provide

school entities with resources, including technical expertise

related to capital needs, enrollment trends, funding

requirements, best practices for providing full-day kindergarten

and other information a school entity may require to determine

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the following:

(1) whether a school district should implement a full-

day kindergarten or contract with an approved provider;

(2) whether a full-day kindergarten should be

implemented jointly with another school district in the same

intermediate unit; and

(3) how to implement a full-day kindergarten.

Section 1524-D. Duties of committee and development of State

plan.

(a) Development of plan.--The committee shall assist the

department with the development of a plan to facilitate the

implementation of a full-day kindergarten by the board of school

directors in each school district in this Commonwealth.

(b) Content of plan.--The plan shall include, but not be

limited to, the following:

(1) A description of the full-day kindergarten that will

be developed and implemented and how it will:

(i) support students' cognitive, social, emotional

and physical development; and

(ii) ensure school readiness.

(2) A statement of the goals for the full-day

kindergarten and how the goals will be measured through

program outcomes and other means.

(3) A description of how the department will involve

representatives of approved providers that administer early

learning programs addressing children between three and five

years of age.

(4) A description of how the department will coordinate

with existing federally funded programs, including the Head

Start program, State-funded prekindergarten, including the

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Pre-K Counts Program as defined under section 1511-D, public

school programs and child care providers.

(5) A plan that would allow a school district or several

school districts in the same intermediate unit to partner

with philanthropic investors and private sector investors to

develop and implement strategies designed to secure private

sector capital to fund full-day kindergarten.

(6) A comprehensive financial analysis of:

(i) specific State taxes imposed under the act of

March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code

of 1971;

(ii) the rate at which taxes under subparagraph (i)

could be increased; and

(iii) an estimate of the revenue that could be

generated to fund full-day kindergarten.

(7) A plan to address the shortages of qualified early

childhood education teachers, including how to increase

compensation to that comparable to public school teachers.

(8) How the department will provide ongoing professional

development opportunities to help increase the number of

teachers in early childhood education programs who meet the

State's education or credential requirements for kindergarten

teachers.

(9) A plan to address how the programs will meet the

needs of children with disabilities, limited English

proficiency and other special needs.

(10) A plan to provide transportation for children to

and from the programs.

(11) A plan to ensure that parents and guardians of

children enrolled in the program are actively involved with

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and engaged in the child's education.

(1) Submit a comprehensive report of the committee's

findings to the department.

(2) Submit proposed legislation containing the

committee's statutory recommendation for full-day

kindergarten to the department, the chairperson and minority

chairperson of the Education Committee of the Senate and the

chairperson and minority chairperson of the Education

Committee of the House of Representatives no later than

January 1, 2022.

(d) Content of report.--The report and proposed legislation

shall:

(1) Establish a method for providing funding for full-

day kindergarten to school districts.

(2) Include options for implementation of full-day

kindergarten.

(3) Consider the feasibility of developing and

implementing pilot programs in geographically diverse school

districts in this Commonwealth.

(4) Consider options for phasing in funding described in

paragraph (1).

(5) Not consider any other issues or proposed

legislation that is not directly and specifically related to

the establishment and implementation of full-day

kindergarten.

Section 1525-D. Local requirements.

(a) Duties of school districts.--A school district shall

provide kindergarten facilities free of charge for eligible

students residing in the school district by operating the

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facilities either singly or jointly with other school districts

in the same intermediate unit or by contracting with an approved

provider in accordance with regulations of the State Board of

Education.

(b) General requirements and approved providers.--An

approved provider receiving funding under this subarticle shall:

(1) Maintain a maximum class size of no more than 18

children.

(2) Maintain a ratio of no more than 10 children for

each member of the teaching staff.

(3) Ensure that all kindergarten teachers meet State

certification requirements in accordance with the

requirements of this subarticle.

(4) Meet all health and safety standards as required by

the department.

provider that is not a school entity under this subarticle shall

submit an application to the department. The application shall

contain all of the following:

(1) A description of the full-day kindergarten to be

provided.

(2) A statement demonstrating the need for a program or

an enhanced or expanded program in the area served by the

approved provider.

(3) A description of the age-appropriate educational

curriculum and student outcomes and developmentally

appropriate educational curriculum and student outcomes.

(4) A description of how the approved provider will

collaborate with existing community-based child care

providers, school entities, Head Start programs and other

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providers of early learning programs, as appropriate.

(5) A description of how students and families will be

assisted in obtaining any needed social and human services.

(6) A plan to promote and achieve parental and guardian

involvement in the program.

(7) A description of how teachers will receive ongoing

professional development in early childhood development and

early childhood education.

(8) Any other information the department may require.

Section 1526-D. Professional development.

(a) Availability of funding.--The department may provide a

portion of any funds made available under this subarticle for

ongoing professional development activities for kindergarten

teachers.

(b) Use of funds.--Any funds that may be made available to

approved providers under this section shall be used for ongoing

professional development to accomplish the following:

(1) Provide kindergarten teachers and staff with the

knowledge and skills for the application of recent research

on child cognitive, social, emotional and physical

development, including, but not limited to, language and

literacy development and early childhood pedagogy.

(2) Work with children enrolled in full-day kindergarten

who have limited English proficiency, disabilities and other

special needs.

(3) Select and use developmentally appropriate screening

and diagnostic assessments to improve teaching and learning

and make appropriate referrals for services to support the

development and learning of children in full-day

kindergarten.

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(4) Provide the cost of education needed to obtain a

credential or degree with specific training in early

childhood development or education, if approved through

regulation of the department.

Section 5. The amendment of sections 503, 1301, 1326 and

1361 of the act shall apply beginning with the 2024-2025 school

year.

Section 6. This act shall take effect immediately.

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