PRINTER'S NO. 2030
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1442
Session of
2015
INTRODUCED BY QUIGLEY, CHRISTIANA, BLOOM, V. BROWN, CUTLER,
DAVIS, DIAMOND, DRISCOLL, A. HARRIS, KAUFFMAN, KILLION,
MILLARD, MURT, ORTITAY, PETRI, SANTORA, SAYLOR, STAATS,
STEPHENS, TAYLOR AND PHILLIPS-HILL, JULY 9, 2015
REFERRED TO COMMITTEE ON EDUCATION, JULY 9, 2015
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," providing for the funding of
preschool education for financially needy persons, for
educational support services for preschool children and for
distribution of books to parents of preschool-age children.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding an
article to read:
ARTICLE XIII-B
PRESCHOOL EDUCATION GRANT PROGRAM
Section 1301-B. Legislative findings.
The General Assembly finds and declares as follows:
(1) Parents are best suited to choose the most
appropriate means of education for their preschool-age
children, including the selection of preschool programs of
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their choice or the selection of in-home care and education.
(2) Enabling parents to be closely involved in the
education of their children at an early age is the most
effective means of promoting school readiness.
(3) Providing diverse educational opportunities for the
children of this Commonwealth is a civic imperative and a
matter of serious public concern.
(4) The importance of providing educational choices that
will meet the needs of parents and the need to maintain and
operate an effective system of education makes it imperative
to provide for the increased availability of diverse
opportunities, including both public and nonpublic programs
of preschool education, to benefit all citizens of this
Commonwealth.
(5) Many disadvantaged preschool-age residents of this
Commonwealth enjoy comparatively fewer educational
opportunities or options than preschool-age residents from
families that possess greater economic means.
(6) The accessibility to families of both public and
nonpublic preschool educational alternatives decreases the
burdens on the Commonwealth and increases the range of
educational choices available to Pennsylvania families, thus
providing a benefit to all citizens of this Commonwealth.
(7) The program of funding and supplemental services for
preschool education provided in this article is one element
of the Commonwealth's overall program of providing funds and
related services to ensure the availability of preschool
educational opportunities for students living in this
Commonwealth.
(8) A program for funding preschool educational choice
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and supplemental services must be viewed as an integral part
of its overall program of educational funding and not as an
isolated individual program.
(9) A program of financial assistance and supplemental
services to enhance preschool educational choice in this
Commonwealth, as one element of the Commonwealth's plan for
funding of diverse educational opportunities, will:
(i) greatly aid efforts to equalize preschool
educational opportunities for the citizens of this
Commonwealth;
(ii) better prepare Commonwealth citizens to succeed
in school and ultimately to compete for employment
opportunities;
(iii) foster long-term development of a more capable
and better-educated work force; and
(iv) better enable the Commonwealth to fulfill its
obligation of providing children the opportunity of
receiving a quality education.
Section 1302-B. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Charter school." A charter school established under the
provisions of Article XVII-A.
"Child day-care center." A child day-care center that is
licensed under Article X of the Public Welfare Code.
"Children's institution." A child day-care center that is
supervised by the Department of Human Services under Article IX
of the Public Welfare Code.
"Civil Rights Act." The Civil Rights Act of 1964 (Public Law
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88-352, 78 Stat. 241).
"Department." The Department of Education of the
Commonwealth.
"Eligible grant recipient." The parent of a preschool-age
child who attends or is about to attend a preschool program in
this Commonwealth and who meets the income qualification
provisions of section 1303-B.
"Grant." A grant awarded in accordance with this article.
"Head start." A program funded under the Head Start Act
(Public Law 97-35, 42 U.S.C. § 9831 et seq.), established by the
Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35, 95
Stat. 357) and carried out by a Head Start agency or delegate
agency that provides ongoing comprehensive child development
services.
"Household income." All income, as defined in section 301 of
the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform
Code of 1971, of an eligible grant recipient and any other adult
member of the same household.
"Library." A library that is eligible to receive State aid
under 24 Pa.C.S. Ch. 93 (relating to Public Library Code).
"Nonpublic school." A school, other than a public school,
located within this Commonwealth, at which a Commonwealth
resident may lawfully fulfill the compulsory attendance
requirements of this act and which meets the applicable
requirements of Title VI of the Civil Rights Act.
"Parent." A Commonwealth resident who is a parent or
guardian of, or person in parental relation to, a preschool-age
child.
"Preschool-age child." A resident of this Commonwealth who
is at least two and a half years of age as of September 1 of the
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school year for which a preschool education grant is sought.
"Preschool program." A program of education for preschool-
age children that:
(1) Meets the requirements of section 1304-B(2).
(2) Is operated by a public school district, a charter
school, a private academic school, a nonpublic school, a
child day-care center, a Head Start program or a children's
institution.
(3) Meets the applicable requirements of Title VI of the
Civil Rights Act.
"Program." The Preschool Education Grant Program established
by this article.
"Public Welfare Code." The act of June 13, 1967 (P.L.31,
No.21), known as the Public Welfare Code.
"Secretary." The Secretary of Education of the Commonwealth.
Section 1303-B. Preschool education grants.
(a) Program established.--The Preschool Education Grant
Program is established for the purpose of awarding grants for
preschool education to persons who qualify as eligible grant
recipients, to the extent permitted by annual appropriations
made by the General Assembly.
(b) Parental qualifications.--To qualify for a preschool
education grant a parent must:
(1) Be a member of a household that has total household
income that does not exceed an amount equal to 235% of the
Federal poverty guidelines as reported by the United States
Department of Health and Human Services.
(2) Make application to the department for a grant on
forms developed and distributed by the department.
(c) Amounts.--
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(1) Except as otherwise provided in paragraph (2), a
grant shall be awarded in the maximum amount of $12 per hour
of actual attendance at a preschool program or the actual
hourly charge for a preschool program, whichever is less.
Grants may not be used to pay for more than seven hours of
instruction per day or for more than 180 days per school
year.
(2) At the beginning of each fiscal year, the secretary
shall increase the maximum amount of the grant by a
percentage factor equal to the percentage increase in the
Consumer Price Index for All Urban Consumers (CPI-U) for the
Pennsylvania, New Jersey and Maryland area, officially
reported by the United States Department of Labor, Bureau of
Labor Statistics, for the fiscal year immediately prior to
the date the adjustment is to take place. The secretary shall
publish the maximum grant amount, as adjusted, as a statement
of policy in the Pennsylvania Bulletin.
(d) Poverty guidelines.--Poverty guidelines shall be as
follows:
Household income of grant recipient
Amount of maximum grant
set forth in subsection (c)
for which the grant is
eligible
At or below 155% of Federal poverty
guidelines 100%
Above 155% and up to 165% of Federal
poverty guidelines 90%
Above 165% and up to 175% of Federal
poverty guidelines 80%
Above 175% and up to 185% of Federal
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poverty guidelines 70%
Above 185% and up to 195% of Federal
poverty guidelines 60%
Above 195% and up to 205% of Federal
poverty guidelines 50%
Above 205% and up to 215% of Federal
poverty guidelines 40%
Above 215% and up to 225% of Federal
poverty guidelines 30%
Above 225% and up to 235% of Federal
poverty guidelines 20%
(e) Appropriation shortfall.--In any school year in which
the amounts appropriated by the General Assembly for the program
are insufficient to make awards in the maximum amount permitted
for all eligible grant recipients, each eligible grant recipient
shall be awarded a pro rata amount of the award for which the
eligible grant recipient would otherwise be eligible, determined
by dividing the amounts appropriated by the General Assembly for
the program by the total number of eligible grant recipients.
(f) Maximum allowance.--The grants awarded may be used only
for payment of actual charges for attendance at a preschool
program. The department may reduce the amount of the grant award
to offset any other payments made from State-appropriated funds
to avoid payments in excess of the actual charges incurred for
attendance at the preschool program.
(g) Grant guidelines.--
(1) The department shall issue guidelines for the
awarding of grants that shall include:
(i) Grant application and award notification dates.
(ii) Standards for the verification of income
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information.
(iii) Confirmation of attendance by eligible grant
recipients.
(iv) Distribution of information to preschool
programs and the general public concerning the program.
(v) Restricted endorsement of grant award checks by
eligible grant recipients to the preschool program
attended by the eligible grant recipient's child.
(vi) Transfer of a child between preschool programs.
(vii) Disqualification for eligibility for future
preschool grant awards for fraud or misrepresentations in
connection with the program.
(2) The guidelines shall be published as a statement of
policy in the Pennsylvania Bulletin and shall be mailed by
the department to each preschool program in this
Commonwealth.
(h) Nontaxable income.--A grant awarded may not be
considered taxable income for State or local income tax purposes
in this Commonwealth.
(i) Attendance.--Attendance by a child at a preschool
program shall not constitute entry into a school for purposes of
section 1326.
Section 1304-B. Preschool programs.
(a) Requirements.--A grant may be awarded for attendance at
a preschool program that meets the following requirements:
(1) The preschool program shall meet all applicable
State and local fire safety and building code requirements
and all applicable State laws relating to health and safety
that are administered by the Department of Agriculture, the
Department of Environmental Protection, the Department of
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Health, the Department of Human Services, the Department of
Labor and Industry, the Department of Transportation and
county health departments. The preschool program shall comply
with all applicable provisions of section 1517.
(2) The preschool program shall comply with all
applicable requirements of sections 111 and 111.1 and with
all applicable requirements of 23 Pa.C.S. Ch. 63 (relating to
child protective services) as to requirements for background
checks and certifications for employees or volunteers.
(3) The preschool program shall have a director who is
at least 21 years of age, has completed a program of
instruction in general first aid training, including
instruction in childhood injury prevention and infectious
diseases, has completed fire safety training and any
applicable requirements for training in the recognition and
reporting of child abuse and has at least 1,250 hours of
employment experience in teaching or working with children.
(4) The preschool program shall employ only those
individuals who satisfy the applicable provisions of this act
for employment as teachers or as aides in the school, child
day-care center or children's institution that operates the
preschool program.
(5) The preschool program shall maintain instructional
materials and equipment compatible with the preschool
program's philosophy, objectives and teaching methodology and
that accommodate the number of children in the preschool
program.
(6) The program of instruction shall include those
motor, creative, manipulative, imaginative, rhythmic,
language and science activities and experiences that are
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designed to promote the physical, mental, social, emotional
and aesthetic development of children of preschool age.
Objectives and daily plans shall be kept on file and shall be
available to the department or to parents upon request.
(7) Learning experiences at the preschool program, both
informal and planned, shall include:
(i) Free play, which shall include outdoor play,
when permitted by weather conditions.
(ii) Gross motor skill development.
(iii) Fine motor skill development.
(iv) Perceptual activities.
(v) Language arts activities.
(vi) Mathematical activities.
(vii) Science activities; expressive arts, including
music, art and dramatic play.
(viii) Socialization and social development
activities.
(ix) Nutrition.
(x) Health and safety.
(8) The preschool program shall be planned to provide a
minimum of two hours of instruction per day. The preschool
program shall establish the number of days per week and per
year that the preschool program will operate.
(9) The preschool program shall require age-appropriate
immunizations for enrolled children as prescribed pursuant to
section 1303.
(b) Preschool program registration.--
(1) A preschool program at which eligible grant
recipients may utilize their grant awards shall register with
the department and certify that the program meets the
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requirements of this article.
(2) The Department of Human Services and the Department
of Health may make such announced and unannounced inspections
as may be necessary to ascertain compliance with each of the
requirements of this article.
(c) Public education.--
(1) Notwithstanding any other provision of this act, a
school district or charter school may establish a reasonable
charge for attendance at a preschool program operated by the
school district or charter school under guidelines to be
established by the department.
(2) A school district may contract for services with
another preschool program provided by a school district,
charter school, private academic school or nonpublic school
that meets the requirements of this article.
(d) Limitations.--Nothing in this article shall be
construed:
(1) To empower the Commonwealth or any of its agencies
or officers to prescribe the course content or admissions
criteria for any religiously affiliated preschool program.
(2) To compel any nonpublic preschool program to accept
or enroll the child of an eligible grant recipient.
(3) To impose any additional requirements on any
nonpublic preschool program that are not otherwise authorized
under this act.
(4) To require any preschool program to accept or retain
the child of any eligible grant recipient, if the preschool
program does not offer programs or is not structured or
equipped with the necessary facilities to meet the special
needs of the student or does not offer a particular program
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requested.
(e) Grant recipients.--A grant awarded to an eligible grant
recipient shall not constitute financial assistance or
appropriations to the preschool program attended by the eligible
grant recipient's child.
(f) Fairness of fees.--No preschool program may charge a
parent who is an eligible grant recipient a higher fee for
attendance at the preschool program than the parent would have
been charged had the parent not received a grant.
Section 1305-B. Educational support services for preschool
children.
(a) Supplemental grants.--To the extent permitted by annual
appropriations made by the General Assembly, the department
shall make supplemental grants to parents who are eligible grant
recipients for the purposes of obtaining tutorial services in
reading, language arts and mathematics from providers who are
approved by the department to provide services under Article XV-
C or from a library.
(b) Grant guidelines.--The department shall issue guidelines
prescribing procedures relating to application for and
notification of grant awards, restrictive endorsement of grant
award checks, grant eligibility, distribution of information to
parents and prospective providers and grant amounts.
(c) Need-based awards.--Grants shall be awarded according to
need, utilizing the same percentage guidelines as are prescribed
in section 1303-B(d).
Section 1306-B. Book distribution.
To the extent permitted by annual appropriations of the
General Assembly, the department shall establish a program for
the distribution of books and other instructional materials to
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low-income parents that will provide the parents with
instruction in child development and early childhood education,
or that are suitable for use by the parents in reading to or
providing instruction to their preschool-age children. The books
and instructional materials distributed under this section shall
be distributed through libraries, schools, community centers and
other facilities selected by the department.
Section 2. This act shall take effect immediately.
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