PRINTER'S NO. 1952
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1654
Session of
2023
INTRODUCED BY KINSEY, SCOTT, MADDEN, HILL-EVANS, FREEMAN,
CERRATO, SANCHEZ, HANBIDGE, KHAN, GUENST, TOPPER, JAMES,
STURLA, MALAGARI, CEPEDA-FREYTIZ, GREEN AND OTTEN,
AUGUST 30, 2023
REFERRED TO COMMITTEE ON EDUCATION, AUGUST 30, 2023
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," in duties and powers of boards of
6 school directors, further providing for kindergartens; in
7 pupils and attendance, further providing for age limits and
8 temporary residence, for definitions and for when provided;
9 and providing for full-day kindergarten.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Sections 503 and 1301 of the act of March 10,
13 1949 (P.L.30, No.14), known as the Public School Code of 1949,
14 are amended to read:
15 Section 503. Kindergartens.--(a) The board of school
16 directors in [any] each school district [may] shall establish
17 and maintain kindergartens for children between the ages of
18 [four] three and [six] five years. When established, the
19 kindergartens shall be an integral part of the elementary school
20 system of the district, and be kept open on a full-time basis
 1 for [not less than two and one-half hours each day for] the full
2 school term as provided in section 1501.
3 (b) The number of full-day kindergartens in any one district
4 shall be fixed by the board of school directors, and shall be
5 open during the school year and made available to all children
6 residing in the district who are of the age fixed pursuant to
7 subsection (a).
8 [If the average attendance in any one kindergarten in any
9 district is ten or less for the school year, the school
10 directors shall, at the close of the school year, discontinue
11 the same.]
12 (c) The board of school directors shall appoint and assign a
13 sufficient number of teachers to such kindergartens, who shall
14 be certified in accordance with the rules and regulations
15 prescribed by the [Council of Basic Education] State Board of
16 Education.
17 Section 1301. Age Limits; Temporary Residence.--(a) Every
18 child, being a resident of any school district, between the ages
19 of six (6) and twenty-one (21) years, may attend the public
20 schools in his district, subject to the provisions of this act.
21 Notwithstanding any other provision of law to the contrary, a
22 child who attains the age of twenty-one (21) years during the
23 school term and who has not graduated from high school may
24 continue to attend the public schools in his district free of
25 charge until the end of the school term. The board of school
26 directors of any school district may admit to the schools of the
27 district, with or without the payment of tuition, any non-
28 resident child temporarily residing in the district, and may
29 require the attendance of such non-resident child in the same
30 manner and on the same conditions as it requires the attendance
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 1 of a resident child.
2 (b) Notwithstanding subsection (a) or any other provision of
3 law or regulation to the contrary, a child, being a resident of
4 a school district, between the ages of three and five years may
5 attend full-day kindergarten in accordance with the provisions
6 of this subarticle and the rules, regulations or standards
7 prescribed by the State Board of Education without the payment
8 of tuition, provided:
9 (1) the school district of the non-resident child is in the
10 same intermediate unit; and
11 (2) the school districts have entered an agreement to offer
12 full-day kindergarten jointly in accordance with regulations of
13 the State Board of Education.
14 Section 2. The definition of "compulsory school age" in
15 section 1326 of the act is amended to read:
16 Section 1326. Definitions.--When used in this article, the
17 following words and phrases shall have the following meanings:
18 * * *
19 "Compulsory school age" shall mean the period of a child's
20 life from the time the child's parents elect to have the child
21 enter school and which shall be no later than six (6) years of
22 age until the child reaches eighteen (18) years of age. Nothing
23 in this section shall be construed to preclude a child's parents
24 from electing to have the child attend full-day kindergarten at
25 three (3) years of age. The term does not include a child who
26 holds a certificate of graduation from a regularly accredited,
27 licensed, registered or approved high school.
28 * * *
29 Section 3. Section 1361 of the act is amended to read:
30 Section 1361. When Provided.--(1) The board of school
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 1 directors in any school district may, out of the funds of the
2 district, provide for the free transportation of any resident
3 pupil to and from the kindergarten, including full-day
4 kindergarten, elementary school, or secondary school in which he
5 is lawfully enrolled, provided that such school is not operated
6 for profit and is located within the district boundaries or
7 outside the district boundaries at a distance not exceeding ten
8 miles by the nearest public highway, except that such ten-mile
9 limit shall not apply to area career and technical schools which
10 regularly serve eligible district pupils or to special schools
11 and classes approved by the Department of Education, and to and
12 from any points within or without the Commonwealth in order to
13 provide field trips for any purpose connected with the
14 educational pursuits of the pupils. When provision is made by a
15 board of school directors for the transportation of public
16 school pupils to and from such schools or to and from any points
17 within or without the Commonwealth in order to provide field
18 trips as herein provided, the board of school directors shall
19 also make identical provision for the free transportation of
20 pupils who regularly attend nonpublic kindergarten, elementary
21 and high schools not operated for profit to and from such
22 schools or to and from any points within or without the
23 Commonwealth in order to provide field trips as herein provided.
24 Such transportation of pupils attending nonpublic schools shall
25 be provided during regular school hours on such dates and
26 periods that the nonpublic school not operated for profit is in
27 regular session, according to the school calendar officially
28 adopted by the directors of the same in accordance with
29 provisions of law. The board of school directors shall provide
30 such transportation whenever so required by any of the
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 1 provisions of this act or of any other act of Assembly.
2 (1.1) Nothing in this section shall be construed to prohibit
3 a board of school directors from entering into an agreement with
4 another school district in the same intermediate unit to provide
5 for the free transportation of resident and nonresident pupils
6 enrolled in full-day kindergarten jointly in accordance with
7 regulations of the State Board of Education.
8 (2) The board of school directors in any school district
9 may, if the board deems it to the best interest of the school
10 district, for the purposes of transporting pupils as required or
11 authorized by any of the provisions of this act or of any other
12 act of the Assembly, appropriate funds for urban common carrier
13 mass transportation purposes from current revenues to urban
14 common carrier mass transportation authorities to assist the
15 authorities to meet costs of operation, maintenance, capital
16 improvements, and debt service. Said contributions shall not be
17 subject to reimbursement by the Commonwealth of Pennsylvania.
18 (3) The State Board of Education shall adopt regulations,
19 including qualifications of school bus drivers, to govern the
20 transportation of school pupils[.] and transportation of pupils
21 enrolled in full-day kindergarten by and between school
22 districts in the same intermediate unit.
23 Section 4. Article XV-D of the act is amended by adding a
24 subarticle to read:
25 (c) Full-Day Kindergarten
26 Section 1520-D. Findings and purpose.
27 The General Assembly finds and declares that:
28 (1) Numerous national and international studies have
29 found that high-quality early childhood education gives
30 children the best possible start in life.
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 1 (2) The studies conclude that early childhood education,
2 inherent in full-day kindergarten, is essential to supporting
3 the cognitive, social, emotional and physical development of
4 young children.
5 (3) Kindergarten is essential to ensuring the school
6 readiness of children when they enter first grade.
7 (4) Full-day kindergarten should be established and
8 implemented as a formal, integral component of basic
9 education instruction in the public school system of this
10 Commonwealth.
11 (5) The purpose of this subarticle is to provide for the
12 development of a State plan to facilitate the establishment
13 and implementation of full-day kindergarten in this
14 Commonwealth.
15 Section 1521-D. Definitions.
16 The following words and phrases when used in this subarticle
17 shall have the meanings given to them in this section unless the
18 context clearly indicates otherwise:
19 "Approved provider." A full-day kindergarten provider that
20 is:
21 (1) a school entity;
22 (2) a Head Start program as defined under section 1501-
23 D; or
24 (3) a private provider approved by the department.
25 "Charter school." As defined under section 1703-A.
26 "Committee." The Full-Day Kindergarten Implementation
27 Advisory Committee established under section 1523-D.
28 "Department." The Department of Education of the
29 Commonwealth.
30 "Eligible student." A child between three and five years of
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 1 age who is a resident of a school district.
2 "Full-day kindergarten." A program of instruction for
3 children between three and five years of age that conforms to
4 the regulations, rules and standards adopted by the department
5 in accordance with the requirements of this subarticle.
6 "Intermediate unit." The regional arrangements of school
7 districts to serve given geographic areas in accordance with
8 section 902-A.
9 "Program." A full-day kindergarten.
10 "School district." Includes school districts of all classes.
11 "School entity." Any public school district, intermediate
12 unit, area career and technical school or charter school.
13 "Secretary." The Secretary of Education of the Commonwealth.
14 "State plan" or "plan." The plan developed by the department
15 for the establishment and implementation of full-day
16 kindergarten by school districts in this Commonwealth.
17 Section 1522-D. Authority, powers and duty of department.
18 (a) Authorization to develop plan.--
19 (1) Notwithstanding any other provision of law or
20 regulation to the contrary, the department, in collaboration
21 with the committee, shall develop a State plan for the
22 establishment and implementation of full-day kindergarten for
23 eligible students in each school district in this
24 Commonwealth. The plan developed by the department shall be
25 based on the recommendations of the committee established
26 under section 1523-D(a).
27 (2) A school district may satisfy the requirements of
28 this subarticle by offering full-day kindergarten jointly
29 with another school district in the same intermediate unit or
30 with an approved provider in accordance with regulations
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 1 adopted and promulgated by the State Board of Education.
2 (3) The plan developed by the department in accordance
3 with paragraph (1) shall make full-day kindergarten available
4 to eligible students in this Commonwealth by the 2024-2025
5 school year.
6 (b) Duties of department.--The department shall have the
7 following powers and duties:
8 (1) To develop a State plan in collaboration with the
9 committee for the establishment and implementation of full-
10 day kindergarten in accordance with subsection (a).
11 (2) To adopt and promulgate rules and regulations
12 necessary to carry out the provisions of this subarticle.
13 Regulations promulgated by the department shall be subject to
14 the act of July 31, 1968 (P.L.769, No.240), referred to as
15 the Commonwealth Documents Law, and the act of June 25, 1982
16 (P.L.633, No.181), known as the Regulatory Review Act. The
17 regulations shall include, but not be limited to, the
18 following:
19 (i) Standards for full-day kindergarten.
20 (ii) The minimum number of instructional hours
21 required for full-day kindergarten.
22 (iii) Standards and procedures to govern the
23 operation of full-day kindergarten by a school district
24 jointly with another school district or school districts
25 in the same intermediate unit.
26 (iv) Standards and procedures that a school district
27 must follow to contract with approved providers of full-
28 day kindergarten.
29 Section 1523-D. Full-Day Kindergarten Implementation Advisory
30 Committee.
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 1 (a) Establishment.--The Full-Day Kindergarten Implementation
2 Advisory Committee is established for the purpose of assisting
3 and advising the department in the development and
4 implementation of a State plan for full-day kindergarten in
5 school districts in this Commonwealth by the 2024-2025 school
6 year in accordance with section 1524-D(a). The committee shall
7 be staffed by employees of the department as designated by the
8 secretary.
9 (b) Membership of advisory committee.--
10 (1) Except as provided in subsection (c), the secretary
11 shall determine the public membership, terms of service and
12 organization of the committee and shall appoint the public
13 members of the committee in accordance with paragraph (2).
14 (2) In appointing the membership of the committee, the
15 secretary shall ensure geographic and demographic diversity
16 in membership, including individuals representing rural and
17 urban areas of this Commonwealth. The secretary shall ensure
18 that the composition of the committee includes the following:
19 (i) Three individuals representing boards of school
20 directors.
21 (ii) Two early childhood education teachers.
22 (iii) Two individuals who have expertise in early
23 childhood development.
24 (iv) One individual representing charter schools.
25 (v) Two individuals representing special education.
26 (vi) Three individuals, including at least two from
27 academia, who by reason of employment or profession, have
28 proven expertise in early childhood education and one who
29 shall have expertise in English as a second language.
30 (vii) Two individuals representing the business
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 1 community.
2 (viii) Two parents or guardians.
3 (c) Legislative appointments.--
4 (1) The following shall apply:
5 (i) The Majority Leader of the Senate and the
6 Minority Leader of the Senate shall each appoint one
7 Senator to serve as a nonvoting member of the committee.
8 (ii) The Majority Leader of the House of
9 Representatives and the Minority Leader of the House of
10 Representatives shall each appoint one representative to
11 serve as a nonvoting member of the committee.
12 (2) Legislative appointees shall be nonvoting members of
13 the committee and shall serve in an advisory capacity only.
14 (d) Chairperson.--The secretary shall serve as chairperson
15 of the committee and may appoint a designee to serve as acting
16 chairperson in his or her absence.
17 (e) Quorum, voting and meetings of committee.--
18 (1) A majority of the public members of the committee
19 shall constitute a quorum for the transaction of business.
20 (2) Official action by the committee shall require the
21