Title 22--EDUCATION STATE BOARD OF EDUCATION [22 PA. CODE CHS. 4, 11 AND 12] Prekindergarten [36 Pa.B. 7542]
[Saturday, December 16, 2006]The State Board of Education (Board) amends Chapters 4, 11 and 12 (relating to academic standards and assessment; student attendance; and students and student services) to read as set forth in Annex A. Notice of proposed rulemaking was published at 36 Pa.B. 2981 (June 17, 2006), with an invitation to submit written comments.
Statutory Authority
The Board acts under the authority of section 2603-B of the Public School Code of 1949 (code) (24 P. S. § 26-2603-B) and other sections of the code.
Background
The amendments to Chapters 4, 11 and 12 establish standards for prekindergarten programs that are operated by school districts or contracted by school districts with community providers. Prekindergarten programs are voluntary programs operated by many school districts for children between 3 and 4 years of age. School districts are not required to offer prekindergarten and when they do parents are not required to enroll their children in prekindergarten programs.
The Commonwealth and its school districts invest millions of taxpayer dollars each year to operate prekindergarten programs. It is critical that as this investment grows that these resources be used in a way to maximize student achievement and fully prepare children for school enrollment though high quality educational experiences. This final-form rulemaking, together with other rulemakings being considered by the Board, including Chapter 49 (relating to certification of professional personnel), assures that these investments have maximum educational benefit.
Summary of Public Comments and Responses to Proposed Rulemaking
The proposed rulemaking was published at 36 Pa.B. 2981 and was also available on the Department of Education website at www.pde.state.pa.us. The Board accepted formal written comments during a 30-day public comment period that began upon publication of the proposed rulemaking.
The Board received comments from the Pennsylvania School Boards Association (PSBA); Pennsylvania Head Start Association; Early Care and Education Consortium; Beaver County Early Care & Education Council; Pennsylvania Partnerships for Children; Education Law Center; and Independent Regulatory Review Commission (IRRC).
Following is a summary of the comments and the Board's response to the comments.
§ 4.13. Strategic plans.
The Board received numerous comments regarding the proposed amendments to § 4.13. Many comments were also received when a similar proposed rulemaking to amend Chapter 4 was published at 35 Pa.B. 6107 (November 5, 2005). The Board has yet to submit final-form regulations for that regulatory package.
The Board decided to add prekindergarten strategic planning requirements to the proposed Chapter 4 amendments in the proposed rulemaking published at 35 Pa.B. 6107. The Board combined the new and previously proposed amendments in the proposed rulemaking published at 36 Pa.B. 2981. Paragraphs (12)--(14) were added to § 4.13(c).
Since the concerns raised by commentators relate primarily to the previously published Chapter 4 amendments, and not to those dealing with prekindergarten strategic planning requirements, the Board decided to revert back to the strategic planning requirements that were originally published in January 1999 and to add the new prekindergarten strategic planning requirement to those requirements.
Specific comments made by commentators regarding § 4.13 include:
Comment: Both PSBA and IRRC expressed concerns about language that would make school entity strategic plans an extension of Chapter 4.
Response: This language has been deleted.
Comment: PSBA expressed concerns that the regulation would only allow the strategic planning committee to make changes to the strategic plan, believing that this would diminish the authority of elected school boards.
Response: This language has been deleted.
Comment: IRRC expressed concerns about the clarity of subsection (c)(6)(i)(C), (7), (8) and (13).
Response: This language has been deleted.
Comment: The Education Law Center expressed support for the provisions that require prekindergarten programs to address how programs would coordinate with programs that serve children with disabilities.
Response: The Board has retained these provisions in subsection (c)(12) and (14).
Comment: PSBA suggested that strategic planning committees in districts that offer prekindergarten be the only ones that are required to include participation from the early childhood community.
Response: The Board has deleted the proposed amendments.
Comment: PSBA expressed concerns about language in § 4.13(d) that specifies representation on the strategic planning committee. It believes this requirement will lead to further prescriptive membership on the committee, which could improperly take responsibilities from the locally elected school board.
Response: The Board has deleted the proposed amendments.
Comment: The Pennsylvania Head Start Association expressed support for the requirements that all stakeholders be involved in assessing community needs and resources through the strategic planning requirements. The Early Care and Education Consortium also expressed a concern that planning requirements for prekindergarten programs does not require school districts to coordinate with community childcare providers, parents and others.
Response: The Board has retained provisions that would require school districts to offer prekindergarten to include in their plan how they will coordinate with agencies that serve preschool children with disabilities and also address how the district will provide for a smooth transition from the home setting and early childhood care. In addition, the Board has added a requirement in § 4.20(10) (relating to prekindergarten education) that school districts consult with parents, community agencies and organizations, and childcare, early intervention and Head Start representatives when developing the prekindergarten implementation plan.
§ 4.20. Prekindergarten education.
Comment: PSBA supports language stating that school districts are not required to offer prekindergarten and, if offered, parents are not required to enroll their children in the program.
Comment: PSBA recommends that language be included that would make clear school districts are not obligated to provide transportation of students to prekindergarten programs.
Response: The Board believes it is well understood by school districts that prekindergarten students are not required to be transported to or from the program. However, the Board will address this concern in the future when it reviews Chapter 23 (relating to pupil transportation).
Comment: PSBA requested that language in § 4.20 be clarified to indicate that programs are to be designed for the age and varying developmental levels of the students so that the regulation is clear that not all prekindergarten students are required to have individualized education plans.
Response: The regulation has been revised to clarify the intent of the Board.
Comment: IRRC suggested that the term ''attendance area'' be defined to improve clarity. PSBA suggested substituting ''must'' for ''shall'' in § 4.20(3).
Response: A definition of ''attendance area'' has been added to § 4.20(3). The Board also replaced ''shall'' with ''must.''
Comment: The Education Law Center expressed its support for the requirement that prohibits prekinder- garten programs restricted only to children with disabilities.
Comment: IRRC suggested that the statement in § 4.20(6) that programs of high quality ordinarily have a student/teacher ratio of 17 students for 1 teacher and 1 teacher aide in a classroom is nonregulatory language and should be deleted. PSBA suggested that the recommended class size language be included in a guideline not included in this final-form rulemaking. The Pennsylvania Head Start Association expressed that class size and supervision are critical elements of effective prekindergarten programs. They further recommended ratios as low as 15 to 2, but indicated that the 20 to 2 minimum is a vital requirement. The Pennsylvania Partnerships for Children supports the regulation that prekindergarten classes have at least 2 adults for every 20 children.
Response: Educational research demonstrates that class size in early childhood education matters. The Board believes that having well accepted guidance in the final-form rulemaking together with a maximum ratio of staff to students assists the regulated community in understanding that 17 is optimal but 20 is the minimally acceptable ratio.
Comment: IRRC suggested that the term ''rigorous standard of quality'' is unclear and should be defined.
Response: The Board has defined the term ''rigorous standard of quality'' in § 4.20(7)(iii).
Comment: PSBA suggested that language be added to allow a school district to request approval of a class size that varies from the requirements for a specific, limited period of time.
Response: Exceptions to this and other regulatory requirements are allowed in § 4.20(8).
Comment: PSBA expressed opposition to the requirement that classroom aides in prekindergarten classrooms have the same qualifications as aides in Title I schools. The Pennsylvania Head Start Association expressed support for the minimum qualifications for teacher assistants. The Pennsylvania Partnerships for Children supports the requirements for teacher assistants.
Response: The Board believes that research supports that a central tenet of high quality prekindergarten programs is staff/student ratio and staff quality. Since the No Child Left Behind Act of 2001 (Pub. L. No. 107-110, 115 Stat. 1425) already places similar requirements on schools that receive Federal funds, which an overwhelming majority do, the Board views this requirement as addressing a critical element essential to high quality programming that does not present a significant new burden on school districts.
Comment: PSBA supports the provision that allows the Secretary to approve alternative programs. However, PSBA asks why there is a requirement that school districts must complete a timeline for bringing their programs in full compliance with the program standards. PSBA expressed that the 1 year limitation on waivers is sufficient to protect students from programs of less-than high quality.
Response: The Board has deleted the requirement that meritorious programs include a time line to become fully compliant with the regulations.
Comment: The Pennsylvania Head Start Association and Pennsylvania Partnership for Children both recommended that a requirement be added that school district officials develop their prekindergarten implementation plans in consultation with parents, including children with disabilities, and representatives of early intervention and community preschool programs.
Response: The Board has added this language to § 4.20(10).
§ 4.41(e). Scheduling.
Comment: The Early Care and Education Consortium expressed a concern that consideration is not provided for appropriate wrap-around care for the full day needs of working parents. They suggested requiring school districts to offer only 2 1/2 hours of instruction to coordinate with community-based private early care and education programs to meet this need.
Response: The Board believes that by requiring school districts to consult with representatives of childcare, parents and others when developing the prekindergarten implementation plan, the needs of working parents can be addressed to the extent possible within the span of authority of the school district.
Comment: IRRC suggested that use of ''alternative prekindergarten program'' in § 4.41(e) and ''meritorious program'' in § 4.20(8) is confusing and that one term should be used. In addition, IRRC suggested that, if applicable, reference should be made to the term ''meritorious program'' as defined in § 11.8 (relating to definitions), or if that does not apply, that the term be defined in Chapter 4.
Response: The Board has revised the final-form rulemaking to use the term ''meritorious'' throughout. The Board believes § 4.20(8) adequately describes the conditions required to be considered a meritorious program.
§ 11.1. School term.
Comment: IRRC questioned how a prekindergarten program that operates only 3 or 4 days a week would meet the requirement. IRRC also suggested that the sentence include the phrase ''prekindergarten, when offered.''
Response: The Board has revised the language in §§ 11.1 and 11.3 (relating to minimum required hours) to clarify that the days and hours of instruction may be waived for meritorious programs. The phrase ''prekindergarten, when offered'' has been added to § 11.1.
§ 12.1(c). Free education and attendance.
Comment: IRRC suggested that since ''prekinder- garten'' is defined in § 12.16 (relating to definitions), the clause that includes a portion of the definition in subsection (c) should be deleted.
Response: The Board has withdrawn the proposed amendment to § 12.1(c).
§ 12.41. Student services.
Comment: IRRC suggested defining ''nutritional services or referrals.''
Response: The Board has inserted a list of nutritional programs and services to be offered by the school district or referrals made by the school district.
Miscellaneous
Comment: PSBA commented that, since the Accountability Block Grant funding, which currently provides school districts with resources to operate prekindergarten programs, is not a permanent appropriation, in the event that the appropriation was not continued, school districts would be left to cover the entire cost of prekindergarten programs. Thus, PSBA said, there is a potential for costs to be incurred by local school districts.
Response: The Governor's Budget for 2006-07 projects appropriations for the Accountability Block Grant to continue through at least 2010-11. The Board must base its policies on facts, not conjecture, and must assume that these funds will continue through at least 2010-11 since no official documents have indicated otherwise.
Comment: IRRC suggested that one term for school organization (for example, school entity, school district and area vocational technical school) be used throughout this final-form rulemaking for purposes of clarity and consistency.
Response: The terms for the various type of school organizations used in this final-form rulemaking were carefully selected to assign specified provisions to selective types of schools. These terms are established by the code. The Board intentionally applies selected provisions for reasons established by both statute and policy. Therefore, the Board will retain the use of terms as originally proposed.
Comment: The Pennsylvania Head Start Association and the Pennsylvania Partnerships for Children suggested addressing in this final-form rulemaking the phasing-in of minimum qualifications for teachers in prekindergarten programs operated by a community provider under contract from a school district since language included in the proposed amendments to Chapter 49 was questioned by IRRC.
Response: Minimum qualifications for teachers in school district contracted community provider operated prekindergarten programs are included in § 4.20(11).
Comment: The Beaver County Early Care & Education Council expressed its support of the proposed rulemaking.
Comment: The Education Law Center expressed its support for the proposed rulemaking. It especially supports the provisions that ensure that children with disabilities have access to and learning support in prekindergarten programs.
Effective Date
The final-form rulemaking is effective upon publication in the Pennsylvania Bulletin.
Sunset Date
In accordance with its policy and practice regarding regulations, the Board will review the effectiveness of these chapters after 4 years. Therefore, no sunset date is necessary.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on June 2, 2006, the Board submitted a copy of the notice of proposed rulemaking, published at 36 Pa.B. 2981, to IRRC and the Chairpersons of the House and Senate Committees on Education for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC and the Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Department has considered all comments from IRRC, the House and Senate Committees and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on November 15, 2006, the final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on November 16, 2006, and approved the final-form rulemaking.
Contact Person
The official responsible for information on this final-form rulemaking is Jim Buckheit, Executive Director, State Board of Education, 333 Market Street, Harrisburg, PA 17126-0333, (717) 787-3787, TDD (717) 787-7367.
Affected Parties
The final-form rulemaking will affect the students and professional employees of public schools in this Commonwealth.
Fiscal Impact and Paperwork Requirements
Since this final-form rulemaking is consistent with existing program grant standards for prekindergarten programs supported through the Accountability Block Grant program, schools should already be in compliance with this final-form rulemaking. Therefore, the incurrence of additional operating program costs beyond those specified in the regulations would be at the discretion of the school district and its elected board of directors. Complying with this final-form rulemaking should not add costs beyond those necessary to regular program operation.
Effective Date
The final-form rulemaking will become effective upon final-form publication in the Pennsylvania Bulletin.
Findings
The Board finds that:
(1) Public notice of the intention to adopt this final-form rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202), and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law, and all comments were considered.
(3) The final-form rulemaking is necessary and appropriate for the administration of the code.
Order
The Board, acting under authorizing statute, orders that:
(a) The regulations of the Board, 22 Pa. Code Chapters 4, 11 and 12, are amended by amending §§ 4.3, 4.41, 11.8 and 12.42 and by adding § 11.9 to read as set forth at 36 Pa.B. 2981; and by amending §§ 4.13, 11.1, 11.3, 12.16 and 12.41 and by adding § 4.20 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(Editor's Note: The Board has withdrawn the proposal to amended § 12.1, which was included in the proposed rulemaking at 36 Pa.B. 2981.)
(b) The Executive Director will submit this order, 36 Pa.B. 2981 and Annex A to the Office of General Counsel and the Office of Attorney General for review and approval as to legality and form as required by law.
(c) The Executive Director of the Board shall certify this order, 36 Pa.B. 2981 and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order is effective upon publication in the Pennsylvania Bulletin.
JIM BUCKHEIT,
Executive Director(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 36 Pa.B. 7353 (December 2, 2006).)
Fiscal Note: Fiscal Note 6-301 remains valid for the final adoption of the subject regulations.
Annex A TITLE 22. EDUCATION PART I. STATE BOARD OF EDUCATION Subpart A. MISCELLANEOUS PROVISIONS CHAPTER 4. ACADEMIC STANDARDS AND ASSESSMENT ACADEMIC STANDARDS AND PLANNING § 4.13. Strategic plans.
(a) Every school district (including charter schools) shall develop and file with the Department a strategic plan once every 6 years and review that plan for revision at the mid-point according to an implementation schedule developed by the Department under § 4.83 (relating to implementation schedule). A school district plan shall incorporate appropriate components of the plan submitted under subsection (b) by an AVTS in which the district participates. In the development of a strategic plan, a school district (including charter schools) will, upon request, receive technical assistance from the Department.
(b) Every AVTS, in conjunction with and with the approval of the majority of its participating school districts, shall develop and file with the Department a strategic plan once every 6 years and review that plan at the mid-point according to an implementation schedule developed by the Department under § 4.83. The strategic plan shall incorporate appropriate components of the strategic plan submitted under subsection (a) by participating districts. In the development of the strategic plan, an AVTS will, upon request, receive technical assistance from the Department.
(c) The strategic plan must be based upon an analysis of internal and external needs, leading to the specifications of priorities for action and action plans. The requirement in subsections (a) and (b) to develop plans every 6 years and revisions every 3 years does not limit a school entity's ability to conduct a continuous strategic planning process. The plan must include the following components in addition to others the school entity determines to include:
(1) A mission statement.
(2) A listing of the school district's (including a charter school) or AVTS's educational and organizational goals as they relate to student achievement and high school graduation requirements.
(3) A description of academic standards for student achievement, which must be consistent with those under § 4.12 (relating to academic standards).
(4) The planned instruction to be offered and the instructional and assessment practices to be used to strive for the academic goals and attain academic standards under paragraph (3) and the high school graduation requirements under § 4.24 (relating to high school graduation requirements).
(5) An assessment plan under § 4.52 (relating to local assessment system) designed to determine the degree to which students are achieving academic standards under paragraph (3), including descriptions of methods and measures used to determine achievement, how information from the assessments shall be used to assist students who have not demonstrated attainment of the academic standards at a proficient level or higher and how information from the assessments shall be made available to the public.
(6) A plan for improving students' achievement, including specific, measurable goals for student growth and plans (including those listed in this section) that are designed to attain students' achievement goals. Achievement goals must demonstrate a connection to the academic standards under § 4.12, including annual improvement goals for student scores on State and local assessments.
(7) The professional development plan under section 1205.1 of the School Code (24 P. S. § 12-1205.1) and § 49.17 (relating to continuing professional development) and the induction plan under § 49.16 (relating to approval of induction plans).
(8) A description of the school district's (including a charter school) or AVTS's organization and organizational goals and their relationship to differing student needs within the school district's (including a charter school) or AVTS's goals under paragraph (2) and the attainment of academic standards under paragraph (3).
(9) A description of the professional personnel, school library, classroom and other resources the school district (including a charter school) or AVTS plans to devote to the attainment of academic standards.
(10) A brief description of the process used to develop the strategic plan, including a list of persons involved in its development.
(11) A plan for additional instructional opportunities for students not achieving at the proficient level, including identification procedures, alternate instructional strategies, monitoring of assessment procedures and opportunities for extended learning time.
(12) A description of how the school district will accomplish coordination with community operated infant and toddlers and preschool early intervention programs and the following before or after school programs and services for all grade levels, including prekindergarten, if offered, through grade 12:
(i) Child care.
(ii) After school programs.
(iii) Youth workforce development programs.
(iv) Tutoring.
(13) A school district that offers prekindergarten shall describe the prekindergarten program and explain how the district will coordinate with agencies that serve preschool age children with disabilities. The plan must address coordination activities designed to identify and serve children with disabilities and the supports and accommodations available to ensure both physical and programmatic access. The plan must address prekindergarten programs operated directly by the school district and those operated by community agencies under contract from the school district.
(14) A brief description of how the school district will provide for a smooth transition for prekindergarten students, when prekindergarten is offered, from the home setting and any early childhood care or education setting the students attend, to the school setting. This description must include how the district will coordinate with the infants and toddlers and preschool early intervention agencies that serve children with disabilities to ensure a smooth transition for those children to the school district's prekindergarten program.
(d) Strategic plans shall be developed through active participation by parents, students, school directors, teachers, school administrators, other school personnel and business and community representatives. Teacher representatives shall be chosen by teachers; administrative representatives shall be chosen by the administrative personnel; and school director representatives shall be chosen by the board of the school district or AVTS.
(e) Prior to its approval by the board of directors, the strategic plan and revisions of it shall be made available for public inspection in the school district's or AVTS's offices and nearest public library until the next regularly scheduled board meeting or a minimum of 28 days whichever comes first. The plan shall be filed with the Department after it is recommended by the school superintendent of record and is approved by the school district's or AVTS's board of directors. If the board of directors alters the proposed strategic plan developed under subsection (d), it shall consult with the committee which developed it to reach the greatest possible consensus prior to its submission and shall include any minority report which is developed.
(f) A locally approved strategic plan shall remain in effect until it is superseded by a locally approved revision or a new strategic plan developed under this section.
CURRICULUM AND INSTRUCTION § 4.20. Prekindergarten education.
School districts are not required to offer a prekindergarten program, and parents are not required to enroll their children in those programs if offered. Prekindergarten programs shall be designed so that students complete the program prior to their reaching the school district's entry age for kindergarten. The program, when offered, must provide a comprehensive program appropriate for the age and varying developmental levels of the students; be based on how young children develop and learn; include instruction to support each child's development in the areas of approaches to learning--creative expression, language and literacy, math, logic and science, social-personal development and physical development and health--and must be open to children with disabilities.
(1) The Secretary will provide academic standards, appropriate for early learning at the prekindergarten level, as guidance for the use of school districts that offer prekindergarten programs.
(2) Curriculum and instruction in the prekindergarten program must be standards-based.
(3) Prekindergarten programs may be offered to all 3 and 4 year olds or may be targeted to children who are most in need of prekindergarten services who reside in the district. Targeted programs may serve children who are at risk of school failure because of limited English proficiency, community factors, economic disadvantage, but may not exclude or be limited exclusively to children with disabilities. If a program is limited to an attendance area, children with disabilities must live in that attendance area to participate in the program. An attendance area is the geographic area within a school district designated by the school board for the purpose of assigning students to a school.
(4) The Secretary will issue guidance to school districts on developmentally appropriate curriculum, instruction and assessments for prekindergarten.
(5) Each school district that provides prekindergarten shall design an assessment system that includes prekindergarten and uses a variety of assessment strategies, which may include those listed in § 4.52(d) (relating to local assessment system), as appropriate.
(6) Prekindergarten programs must have a student/teacher ratio of no more than 20 students for one teacher and one teacher aide in a classroom (2 adults in a classroom for every 20 students). Programs of high quality ordinarily have a student/teacher ratio of 17 students for one teacher and one teacher aide in a classroom (2 adults for every 17 students). Programs operating under contract with community providers must comply with staffing qualifications as required by § 49.85(c) (relating to limitations).
(7) Beginning in the 2009-2010 school year, a teacher aide in a prekindergarten program shall meet one of the following criteria:
(i) Completion of a least 2 years of postsecondary study.
(ii) Possession of an associate's degree or higher.
(iii) Ability to meet a rigorous standard of quality and demonstration through a formal State or local academic assessment of knowledge in and ability to assist in instructing reading, writing and mathematics. A rigorous standard of quality includes a demonstration of competence in basic literacy skills, including the ability to speak and write standard English and instruction of prekindergarten students in the acquisition of the knowledge, skills and abilities described in the early learning standards issued under paragraph (1).
(8) The Secretary may approve a meritorious prekindergarten program that does not meet all regulatory requirements for the program when, in the Secretary's judgment, the program provides high quality learning opportunities for students and meets the following conditions:
(i) The school district has submitted to the Secretary a written request that provides justification for the waiver and includes a description of how the meritorious program will provide high quality learning opportunities for students.
(ii) The approval of the meritorious prekindergarten program is valid only for 1 school year.
(iii) Requests for renewals include evidence of positive student outcomes.
(9) A school district may make individual exceptions to the age of prekindergarten students based upon local policy to permit the enrollment of children under 3 years of age and 5 years of age or older.
(10) A school district planning to offer or contract with a community agency to offer a prekindergarten program shall develop an implementation plan that describes the program and its target population. The plan must identify the facilities, staffing needs and other resources that it will use to deliver the program. The school district shall consult with parents, community agencies and organizations, and child care, early intervention and head start representatives when developing the implementation plan. In years subsequent to the initial year of the program, the implementation plan must become part of the strategic plan described in § 4.13 (relating to strategic plans) and included in the mid-term review and annual updates described in § 4.13.
(11) School district contracted prekindergarten programs operated by a community provider shall provide a lead teacher for each classroom who meets the following minimum qualifications:
(i) An associate's degree or greater in early childhood education or child development.
(ii) For programs operating before December 16, 2006, lead teachers shall possess a bachelor's degree and early childhood certificate as provided in § 49.85(a) (relating to limitations) on or before December 16, 2011.
(iii) For programs contracted after December 16, 2006, lead teachers shall possess a bachelor's degree and early childhood certificate as provided in § 49.85(a) within 5 years from the date students first attend the prekinder- garten program.
CHAPTER 11. STUDENT ATTENDANCE GENERAL PROVISIONS § 11.1. School term.
Public prekindergartens, when offered, and kindergartens, elementary and secondary schools shall be kept open each school year for a minimum of 180 days of instruction for students. Days may not be counted as days taught on which the schools are closed, and time may not be counted as a student session for an activity to which admission is charged. However, when a meritorious educational program warrants, the Secretary may, upon request, approve a school term containing a minimum of 990 secondary or 900 elementary and 450 kindergarten hours of instruction as the equivalent of 180 school days. A Prekindergarten Program may be exempted from this requirement when approval as a meritorious prekinder- garten is granted as provided in § 4.20(8) (relating to prekindergarten education).
§ 11.3. Minimum required hours.
(a) Minimum hours of instruction time for students shall be as follows:
Grade Hours PreK--K 2 hours, 30 minutes, each day of the school term, unless exempted from the minimum hours of instructional time under § 11.1 (relating to school term) K 2 hours, 30 minutes, each day of the school term 1--6 900 hours for the school term 7--12 990 hours for the school term (b) Schools with grade level configurations that differ from those outlined in subsection (a) (for example, K-8), are required to meet the minimum annual hourly requirements for each specified grade level.
CHAPTER 12. STUDENTS AND STUDENT SERVICES STUDENT RIGHTS AND RESPONSIBILITIES § 12.16. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Corporal punishment--A form of physical discipline that is intended to cause pain and fear and in which a student is spanked, paddled or hit on any part of the body with a hand or instrument.
Governing board--The board of school directors of a school district, joint school committee of a joint school or joint vocational school, intermediate unit board of directors, or the board of trustees of a charter school or cyber-charter school.
Prekindergarten--A program operated by a school district or by a community agency under contract from a school district that is open to children who are at least 3 years of age and completed prior to the school district's entry age for kindergarten, unless individual exceptions to the age requirements are made by the school district.
School entity--A local public education provider (for example--public school, charter school, cyber-charter school, area vocational-technical school or intermediate unit).
Student assistance program--A systematic process designed to assist school personnel to identify issues, including alcohol, drugs and others, which pose a barrier to a student's learning and school success. Student assistance is a systematic process using effective and accountable professional techniques to mobilize school resources to remove the barriers to learning, and, when the problem is beyond the scope of the school, to assist the parent and the student with information so they may access services within the community.
Student services--Services designed by a school entity to support the instructional program and to help students attain their educational and career goals.
(i) Services may include school guidance counseling, health services (under Article XIV of the Public School Code of 1949 (24 P. S. §§ 14-1401--14-1423) and 28 Pa. Code Chapter 23 (relating to school health)), psychological services, social work and home and school visitor services.
(ii) School entities may supplement, but may not supplant, these services through school-based, school-linked, or coordinated services provided by locally available social and human services agencies.
SERVICES TO STUDENTS § 12.41. Student services.
(a) Each school entity shall prepare a written plan for the implementation of a comprehensive and integrated K-12 program of the student services based on the needs of its students. The plan shall be prepared and revised in accordance with the time frames and procedures described in §§ 4.13(a), (b), (d), (e) and (f) (relating to strategic plans). Services offered by community agencies in public schools shall be coordinated by and under the general direction of the school entity. The plan must include policies and procedures for emergency care and administration of medication and treatment under The Controlled Substance, Drug, Device and Cosmetic Act (35 P. S. §§ 780-101--780-144) and guidelines issued by the Department of Health. The Department of Health guidelines are available from the Division of School Health, Department of Health, P. O. Box 90, Harrisburg, Pennsylvania 17108. A school district that operates a prekindergarten program shall address its prekinder- garten program in its strategic plan.
(b) Though the variety of student services offered will differ from school to school depending upon its size and the needs of its students, the following categories of services shall be provided by each school entity in planning its student services:
(1) Developmental services for students that address their developmental needs throughout their enrollment in school. Developmental services include guidance counseling, psychological services, health services, home and school visitor services and social work services that support students in addressing their academic, behavioral, health, personal and social development issues. When prekindergarten is offered, these services must include nutritional services or referrals. Nutritional services include:
(i) Federal and State funded school meal programs.
(ii) Special Supplemental Feeding Program for Women, Infants and Children (WIC).
(iii) Food Stamp Program.
(iv) Pennsylvania Fresh Foods Program.
(v) Local food and nutrition services for children and families.
* * * * * [Pa.B. Doc. No. 06-2447. Filed for public inspection December 15, 2006, 9:00 a.m.]
