HB 829 — An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, 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, in early learning programs, providing for full-day kindergarten.

PRINTER'S NO.   860

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 829
                                                Session of
                                                  2025

     INTRODUCED BY SCOTT, FREEMAN, PROBST, MADDEN, RABB, HILL-EVANS,
        PIELLI, GIRAL, SANCHEZ, OTTEN, CERRATO, MALAGARI AND RIVERA,
        MARCH 10, 2025

     REFERRED TO COMMITTEE ON EDUCATION, MARCH 10, 2025


                                    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, in early learning programs, providing for full-day
10      kindergarten.
11      The General Assembly of the Commonwealth of Pennsylvania
12   hereby enacts as follows:
13      Section 1.    Sections 503 and 1301 of the act of March 10,
14   1949 (P.L.30, No.14), known as the Public School Code of 1949,
15   are amended to read:
16      Section 503.    Kindergartens.--(a)   The board of school
17   directors in [any] each school district [may] shall establish
18   and maintain kindergartens for children between the ages of
19   [four] three and [six] five years. When established, the
20   kindergartens shall be an integral part of the elementary school
21   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)   The department, in collaboration with the committee,
20      shall develop a State plan for the establishment and
21      implementation of full-day kindergarten for eligible students
22      in each school district in this Commonwealth. The plan
23      developed by the department shall be based on the
24      recommendations of the committee established under section
25      1523-D(a).
26            (2)   A school district may satisfy the requirements of
27      this subarticle by offering full-day kindergarten jointly
28      with another school district in the same intermediate unit or
29      with an approved provider in accordance with regulations
30      adopted and promulgated by the State Board of Education.

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 1            (3)   The plan developed by the department in accordance
 2      with paragraph (1) shall make full-day kindergarten available
 3      to eligible students in this Commonwealth by the 2026-2027
 4      school year.
 5      (b)   Duties of department.--The department shall have the
 6   following powers and duties:
 7            (1)   To develop a State plan in collaboration with the
 8      committee for the establishment and implementation of full-
 9      day kindergarten in accordance with subsection (a).
10            (2)   To adopt and promulgate rules and regulations
11      necessary to carry out the provisions of this subarticle.
12      Regulations promulgated by the department shall be subject to
13      the act of July 31, 1968 (P.L.769, No.240), referred to as
14      the Commonwealth Documents Law, and the act of June 25, 1982
15      (P.L.633, No.181), known as the Regulatory Review Act. The
16      regulations shall include, but not be limited to, the
17      following:
18                  (i)    Standards for full-day kindergarten.
19                  (ii)    The minimum number of instructional hours
20            required for full-day kindergarten.
21                  (iii)    Standards and procedures to govern the
22            operation of full-day kindergarten by a school district
23            jointly with another school district or school districts
24            in the same intermediate unit.
25                  (iv)    Standards and procedures that a school district
26            must follow to contract with approved providers of full-
27            day kindergarten.
28   Section 1523-D.        Full-Day Kindergarten Implementation Advisory
29                  Committee.
30      (a)   Establishment.--The Full-Day Kindergarten Implementation

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 1   Advisory Committee is established for the purpose of assisting
 2   and advising the department in the development and
 3   implementation of a State plan for full-day kindergarten in
 4   school districts in this Commonwealth by the 2026-2027 school
 5   year in accordance with section 1524-D(a). The committee shall
 6   be staffed by employees of the department as designated by the
 7   secretary.
 8      (b)   Membership of advisory committee.--
 9            (1)   Except as provided in subsection (c), the secretary
10      shall determine the public membership, terms of service and
11      organization of the committee and shall appoint the public
12      members of the committee in accordance with paragraph (2).
13            (2)   In appointing the membership of the committee, the
14      secretary shall ensure geographic and demographic diversity
15      in membership, including individuals representing rural and
16      urban areas of this Commonwealth. The secretary shall ensure
17      that the composition of the committee includes the following:
18                  (i)    Three individuals representing boards of school
19            directors.
20                  (ii)    Two early childhood education teachers.
21                  (iii)    Two individuals who have expertise in early
22            childhood development.
23                  (iv)    One individual representing charter schools.
24                  (v)    Two individuals representing special education.
25                  (vi)    Three individuals, including at least two from
26            academia, who by reason of employment or profession, have
27            proven expertise in early childhood education and one who
28            shall have expertise in English as a second language.
29                  (vii)    Two individuals representing the business
30            community.

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 1                  (viii)   Two parents or guardians.
 2      (c)   Legislative appointments.--
 3            (1)   The Majority Leader of the Senate and the Minority
 4      Leader of the Senate shall each appoint one Senator to serve
 5      as a nonvoting member of the committee.
 6            (2)   The Majority Leader of the House of Representatives
 7      and the Minority Leader of the House of Representatives shall
 8      each appoint one representative to serve as a nonvoting
 9      member of the committee.
10            (3)   Legislative appointees shall be nonvoting members of
11      the committee and shall serve in an advisory capacity only.
12      (d)   Chairperson.--The secretary shall serve as chairperson
13   of the committee and may appoint a designee to serve as acting
14   chairperson in the secretary's absence.
15      (e)   Quorum, voting and meetings of committee.--
16            (1)   A majority of the public members of the committee
17      shall constitute a quorum for the transaction of business.
18            (2)   Official action by the committee shall require the
19      approval of a majority of the voting members of the
20      committee.
21            (3)   When a vacancy occurs in public membership for any
22      cause, the secretary shall make an appointment to fill the
23      vacancy to become effective immediately.
24            (4)   The committee shall meet at times and places
25      specified by the call of the chair.
26            (5)   The committee may adopt rules as the committee
27      determines necessary and appropriate for the work and
28      operation of the committee.
29      (f)   Compensation.--
30            (1)   Members of the committee appointed in accordance

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 1      with subsection (b) shall not be entitled to compensation or
 2      reimbursement for expenses and shall serve as volunteers on
 3      the committee except that public members may be reimbursed
 4      for expenses incurred in the official discharge of duties as
 5      members of the committee in accordance with Commonwealth
 6      policy governing executive agencies under the jurisdiction of
 7      the Governor.
 8            (2)   Legislative appointees of the committee shall not be
 9      entitled to a per diem for service on the committee.
10      Reimbursement for mileage expenses or any other expense
11      incurred due to the work of the committee shall be at the
12      discretion of the legislative appointees' appointing
13      authority.
14      (g)   Cooperation required.--All agencies of State government
15   and all school entities shall assist the committee in the
16   performance of the committee's duties and shall, to the extent
17   permitted by laws relating to confidentiality, furnish
18   assistance, advice and information as the members of the
19   committee consider necessary to perform the committee's duties.
20      (h)   Duty to provide resources.--In addition to the
21   requirements of section 1524-D, the committee shall provide
22   school entities with resources, including technical expertise
23   related to capital needs, enrollment trends, funding
24   requirements, best practices for providing full-day kindergarten
25   and other information a school entity may require to determine
26   the following:
27            (1)   whether a school district should implement a full-
28      day kindergarten or contract with an approved provider;
29            (2)   whether a full-day kindergarten should be
30      implemented jointly with another school district in the same

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 1      intermediate unit; and
 2            (3)   how to implement a full-day kindergarten.
 3   Section 1524-D.        Duties of committee and development of State
 4                  plan.
 5      (a)   Development of plan.--The committee shall assist the
 6   department with the development of a plan to facilitate the
 7   implementation of a full-day kindergarten by the board of school
 8   directors in each school district in this Commonwealth.
 9      (b)   Content of plan.--The plan shall include, but not be
10   limited to, the following:
11            (1)   A description of the full-day kindergarten that will
12      be developed and implemented and how it will:
13                  (i)    support students' cognitive, social, emotional
14            and physical development; and
15                  (ii)    ensure school readiness.
16            (2)   A statement of the goals for the full-day
17      kindergarten and how the goals will be measured through
18      program outcomes and other means.
19            (3)   A description of how the department will involve
20      representatives of approved providers that administer early
21      learning programs addressing children between three and five
22      years of age.
23            (4)   A description of how the department will coordinate
24      with existing federally funded programs, including the Head
25      Start program, State-funded prekindergarten, including the
26      Pre-K Counts Program as defined under section 1511-D, public
27      school programs and child care providers.
28            (5)   A plan that would allow a school district or several
29      school districts in the same intermediate unit to partner
30      with philanthropic investors and private sector investors to

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 1    develop and implement strategies designed to secure private
 2    sector capital to fund full-day kindergarten.
 3          (6)    A comprehensive financial analysis of:
 4                 (i)    specific State taxes imposed under the act of
 5          March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code
 6          of 1971;
 7                 (ii)    the rate at which taxes under subparagraph (i)
 8          could be increased; and
 9                 (iii)    an estimate of the revenue that could be
10          generated to fund full-day kindergarten.
11          (7)    A plan to address the shortages of qualified early
12    childhood education teachers, including how to increase
13    compensation to that comparable to public school teachers.
14          (8)    How the department will provide ongoing professional
15    development opportunities to help increase the number of
16    teachers in early childhood education programs who meet the
17    State's education or credential requirements for kindergarten
18    teachers.
19          (9)    A plan to address how the programs will meet the
20    needs of children with disabilities, limited English
21    proficiency and other special needs.
22          (10)    A plan to provide transportation for children to
23    and from the programs.
24          (11)    A plan to ensure that parents and guardians of
25    children enrolled in the program are actively involved with
26    and engaged in the child's education.
27    (c)   Report and proposed legislation.--The committee shall:
28          (1)    Submit a comprehensive report of the committee's
29    findings to the department.
30          (2)    Submit proposed legislation containing the

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 1      committee's statutory recommendation for full-day
 2      kindergarten to the department, the chairperson and minority
 3      chairperson of the Education Committee of the Senate and the
 4      chairperson and minority chairperson of the Education
 5      Committee of the House of Representatives no later than
 6      January 1, 2026.
 7      (d)   Content of report.--The report and proposed legislation
 8   under subsection (c) shall:
 9            (1)   Establish a method for providing funding for full-
10      day kindergarten to school districts.
11            (2)   Include options for implementation of full-day
12      kindergarten.
13            (3)   Consider the feasibility of developing and
14      implementing pilot programs in geographically diverse school
15      districts in this Commonwealth.
16            (4)   Consider options for phasing in funding described in
17      paragraph (1).
18            (5)   Not consider any other issues or proposed
19      legislation that is not directly and specifically related to
20      the establishment and implementation of full-day
21      kindergarten.
22   Section 1525-D.    Local requirements.
23      (a)   Duties of school districts.--A school district shall
24   provide kindergarten facilities free of charge for eligible
25   students residing in the school district by operating the
26   facilities either singly or jointly with other school districts
27   in the same intermediate unit or by contracting with an approved
28   provider in accordance with regulations of the State Board of
29   Education.
30      (b)   General requirements and approved providers.--An

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 1   approved provider receiving funding under this subarticle shall:
 2            (1)   Maintain a maximum class size of no more than 18
 3      children.
 4            (2)   Maintain a ratio of no more than 10 children for
 5      each member of the teaching staff.
 6            (3)   Ensure that all kindergarten teachers meet State
 7      certification requirements in accordance with the
 8      requirements of this subarticle.
 9            (4)   Meet all health and safety standards as required by
10      the department.
11      (c)   Duties of certain approved providers.--An approved
12   provider that is not a school entity under this subarticle shall
13   submit an application to the department. The application shall
14   contain all of the following:
15            (1)   A description of the full-day kindergarten to be
16      provided.
17            (2)   A statement demonstrating the need for a program or
18      an enhanced or expanded program in the area served by the
19      approved provider.
20            (3)   A description of the age-appropriate educational
21      curriculum and student outcomes and developmentally
22      appropriate educational curriculum and student outcomes.
23            (4)   A description of how the approved provider will
24      collaborate with existing community-based child care
25      providers, school entities, Head Start programs and other
26      providers of early learning programs, as appropriate.
27            (5)   A description of how students and families will be
28      assisted in obtaining any needed social and human services.
29            (6)   A plan to promote and achieve parental and guardian
30      involvement in the program.

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 1            (7)   A description of how teachers will receive ongoing
 2      professional development in early childhood development and
 3      early childhood education.
 4            (8)   Any other information the department may require.
 5   Section 1526-D.    Professional development.
 6      (a)   Availability of funding.--The department may provide a
 7   portion of any funds made available under this subarticle for
 8   ongoing professional development activities for kindergarten
 9   teachers.
10      (b)   Use of funds.--Any funds that may be made available to
11   approved providers under this section shall be used for ongoing
12   professional development to accomplish the following:
13            (1)   Provide kindergarten teachers and staff with the
14      knowledge and skills for the application of recent research
15      on child cognitive, social, emotional and physical
16      development, including, but not limited to, language and
17      literacy development and early childhood pedagogy.
18            (2)   Work with children enrolled in full-day kindergarten
19      who have limited English proficiency, disabilities and other
20      special needs.
21            (3)   Select and use developmentally appropriate screening
22      and diagnostic assessments to improve teaching and learning
23      and make appropriate referrals for services to support the
24      development and learning of children in full-day
25      kindergarten.
26            (4)   Provide the cost of education needed to obtain a
27      credential or degree with specific training in early
28      childhood development or education, if approved through
29      regulation of the department.
30      Section 5.     The amendment of sections 503 and 1301, the

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1   definition of "compulsory school age" in section 1326 and
2   section 1361 of the act shall apply beginning with the 2026-2027
3   school year.
4      Section 6.   This act shall take effect immediately.




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