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PRINTER'S NO. 260
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
80
Session of
2017
INTRODUCED BY GREENLEAF, HAYWOOD, SCHWANK AND BREWSTER,
JANUARY 31, 2017
REFERRED TO EDUCATION, JANUARY 31, 2017
AN ACT
Establishing a Statewide program to support and guide public and
private schools in this Commonwealth in the establishment of
extended school day child-care programs for school-age
children; defining eligibility; and providing for the powers
and duties of the Department of Human Services.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the School-based
Child-care Assistance Act.
Section 2. Legislative intent.
(a) Findings and declarations.--The General Assembly hereby
finds and declares that there are more than 15,000,000 school-
age children across the country who are on their own after
school while their parents work. These children are left
unattended and unsupervised and face danger of physical harm,
sexual exploitation, emotional distress and developmental
deficiencies.
(b) Purpose.--The purpose of this act is to encourage and
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support child-care services in public and private schools for
school-age children for the time period before and after the
school day.
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Human Services of the
Commonwealth.
"Extended school day child-care programs." The term includes
child-care programs for the periods before and after the school
day.
"School-age child." A child who:
(1) is 13 years of age or younger enrolled in a public
or private elementary or secondary school; or
(2) has a documented developmental age of 12 years or
less and chronologically not more than 16 years of age;
and whose parent, parents or guardian works or is being trained
and is unavailable in the home before or after school, or both.
Section 4. Powers and duties of department.
(a) Grants authorized.--
(1) The department shall provide grants to school
districts and private schools. A school district or private
school shall receive a grant for each school-age child
enrolled in the school district's or private school's
extended school day child-care program. The amount of the
grant for each child shall be based on the total amount
appropriated for that program divided by the total number of
school-age children enrolled in school-based child-care
programs throughout this Commonwealth.
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(2) A school district or private school may retain up to
25% for administrative costs and shall use the remaining
portion of the grant to offset any fees charged to the
parent, parents or guardian for the services.
(3) If a school district or private school contracts
with a public or private provider that is charging the
parents directly for the services, the school district or
private school shall use the remaining portion of the grant
to reimburse the contractor for the offset in fees.
(b) Application procedure.--The department shall develop an
application procedure.
(c) Monitor programs.--The department shall monitor all
extended school day child-care programs to ensure that they meet
standards consistent with those established by regulation.
(d) Annual evaluation.--The department shall evaluate
extended school day child-care programs in this Commonwealth
once each fiscal year to determine the level of participation in
the programs.
(e) Regulations.--The department shall have the power to
establish and promulgate the rules and regulations that are
necessary to carry out the provisions of this act.
(f) Transportation.--The school district or the contractor
may provide transportation to children enrolled in an extended
school day child-care program, but in no event shall the
provisions of this section be construed so as to entitle such
children to free transportation at the expense of the school
district, as provided for in section 1361 of the act of March
10, 1949 (P.L.30, No.14), known as the Public School Code of
1949.
Section 5. Contracts for services.
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(a) Contracts with providers.--
(1) The board of directors of a school district acting
alone or with another district or districts or an
intermediate unit, or a private school acting alone or with
another private school, may contract with a public or private
agency licensed or regulated by the department to provide
child-care programs or services before or after the regular
school day, during the regular school year, in the buildings
of such district or districts, or school or schools. In
contracting with a provider, the school district or private
school shall give priority to not-for-profit child-care
providers.
(2) Each school district or private school may lease any
school property for a fee that the school district or private
school determines reasonable or permit the free use of school
property for the operation of an extended school day child-
care program.
(3) Such contracts or leases may provide for the
contractor to charge a fee to the parents or guardians of
children receiving such services.
(b) Direct services.--
(1) The board of directors of any school district acting
alone or with another district or districts or an
intermediate unit, or a private school acting alone or with
another private school, may directly provide extended school
day child-care programs before or after the regular school
day, during the regular school year, in the buildings of such
district or districts, or school or schools.
(2) The board of directors or private school may take
such actions and incur such expenses as may be necessary to
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provide such programs and services. In no event shall such
expenses be considered to be costs of an integral part of the
public school system.
(3) The board of directors or private schools may charge
a fee to the parents or guardians of children receiving such
services to the extent necessary to support such child-care
programs.
(4) Any balance of funds accruing from the operation of
extended school day child-care programs or services shall be
used only for the improvement of such programs and services
and may not be used for other purposes.
(5) (i) The board of directors may employ such staff as
may be necessary to provide such programs or services,
but in no event shall such staff be considered
professional employees or temporary professional
employees, as provided for in Article XI of the act of
March 10, 1949 (P.L.30, No.14), known as the Public
School Code of 1949, for their employment in such
programs.
(ii) Although child-care programs and services
provided for in this section shall not be considered an
integral part of the public school program of a school
district, school directors and employees shall be assumed
to be working within the scope of their duties and
employment in providing such programs and services for
purposes of governmental immunity.
(c) Compliance.--Contracts shall be made only with those
child-care providers that comply with rules and regulations of
the department relating to the provision of child-care services
as provided for in section 4(e).
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(d) Liability.--
(1) Any contract authorized in subsections (a) and (c)
shall address liability for accident or injury during the
operation of an extended school day child-care program.
(2) A school district may purchase the types of coverage
it is permitted to purchase under sections 511, 513 and 774
of the Public School Code of 1949.
Section 6. Effective date.
This act shall take effect July 1, 2017, or immediately,
whichever is later.
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