PRINTER'S NO. 1561
No. 1263 Session of 1989
INTRODUCED BY HELFRICK, ROCKS, SHAFFER, PORTERFIELD, ANDREZESKI
AND LYNCH, OCTOBER 2, 1989
REFERRED TO PUBLIC HEALTH AND WELFARE, OCTOBER 2, 1989
AN ACT
1 Establishing mandatory school attendance or the acquisition of a
2 high school equivalent diploma as a condition to receiving
3 aid for dependent children; granting the Department of Public
4 Welfare the power to enforce these requirements; providing
5 the Department of Education with authority to set standards;
6 formulating a reporting process for school districts;
7 creating the Independent Families Trust Fund; and making an
8 appropriation.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Short title.
12 This act shall be known and may be cited as the Education for
13 the Independent Families Act.
14 Section 2. Legislative findings and declarations of policy.
15 (a) Findings.--The General Assembly finds and declares that:
16 (1) As a result of continuing changes in the economy and
17 therefore the types of jobs available in today's economic
18 climate, education and knowledge skills, including a high
19 school diploma or its equivalent as a minimum educational
20 attainment, are becoming more and more critical to both short
1 and long term prospects for economic independence through
2 employment.
3 (2) A large percentage of teenage AFDC recipients drop
4 out of secondary school and fail to obtain a high school
5 diploma or its equivalent prior to 21 years of age. These
6 include many teenage parents who receive cash assistance
7 through the AFDC program.
8 (3) Present welfare policy fails to provide any
9 incentive to welfare families to keep their children in
10 school until they receive a high school diploma; in fact,
11 existing policy provides continuing financial support for
12 high school dropouts, with no responsibilities for
13 educational attainment by AFDC recipients.
14 (4) More effective basic and alternative educational
15 programs are needed in many school districts to enable AFDC
16 recipients to obtain a high school diploma or its equivalent.
17 (5) Child care services are necessary to enable AFDC
18 teenage parents to attend and successfully complete their
19 secondary school education.
20 (6) The Low Income Opportunities Council located within
21 the Executive Office of the President of the United States is
22 authorized to grant the necessary approvals of changes in
23 AFDC policies and regulations through demonstration programs
24 designed to measure the effectiveness of innovative policies
25 for improving the educational performance of AFDC recipients,
26 thereby leading to economic independence through employment.
27 (b) Declaration of policy.--It is the policy of this
28 Commonwealth to require school attendance as a condition of the
29 receipt of cash assistance under the AFDC program for teenage
30 members of AFDC families, in order to increase the future
19890S1263B1561 - 2 -
1 employability and economic independence of Pennsylvania children
2 presently on the welfare role.
3 Section 3. Definitions.
4 The following words and phrases when used in this act shall
5 have the meanings given to them in this section unless the
6 context clearly indicates otherwise:
7 "AFDC." Aid to families with dependent children under the
8 act of June 13, 1967 (P.L.31, No.21), known as the Public
9 Welfare Code.
10 "Department." The Department of Public Welfare of the
11 Commonwealth.
12 Section 4. Education incentive for children on welfare.
13 (a) School attendance incentive.--The cash grant for any
14 AFDC household in which a member of such household who is under
15 21 years of age, has not yet attained a high school diploma or
16 its equivalent, fails in any month to attend and make reasonable
17 educational progress at elementary or secondary school be
18 reduced by the incremental amount of the household's cash grant
19 resulting from the inclusion of such a person in the household
20 for the month following the failure to meet this school
21 attendance requirement except that, if child care and
22 transportation to child care services are not available to
23 members of AFDC households who are parents under 18 years of
24 age, the AFDC grant shall not be reduced in accordance with this
25 section. Failure to meet this school attendance requirement
26 shall be defined as three or more unexcused absences in any
27 calendar month, using the policies for excused and unexcused
28 absences which apply to all students in the applicable school
29 district. Expulsion from school shall result in failure to meet
30 this school attendance requirement.
19890S1263B1561 - 3 -
1 (b) Child care for teen parents.--The cash grant for any
2 AFDC household which provides child care services to children
3 under six years of age shall be increased by $50 for each month
4 for which child care is provided, within the funds available in
5 the Independent Families Trust Fund, as provided for in section
6 8, if the parent of the child is:
7 (1) Under 21 years of age.
8 (2) A member of an AFDC household.
9 (3) Meeting the school attendance requirements of
10 subsection (a) or participating in the higher education and
11 job-training incentive program authorized by subsection (c).
12 (c) Higher education and job training incentive.--Any person
13 under 21 years of age may be included in the AFDC budget unit
14 for the purposes of computing the cash grant for the AFDC
15 household of which the person is a member, if such person:
16 (1) Has received a high school diploma or its
17 equivalent.
18 (2) Is a full-time student at an institution of higher
19 education or a participant in a job-training program approved
20 by the department.
21 (d) Transition grants.--If an AFDC recipient's failure to
22 meet the requirements of subsection (a) result in the
23 ineligibility of the AFDC household for public assistance, then
24 the caretaker shall be eligible to receive AFDC assistance for a
25 period of 90 days in any year equal to the cash assistance
26 amounts authorized for a household of one person.
27 Section 5. Powers and duties of department.
28 (a) Federal waivers.--Within 90 days of the effective date
29 of this act, the Secretary of Public Welfare shall submit to the
30 Low Income opportunities Council within the Executive Office of
19890S1263B1561 - 4 -
1 the President of the United States a request for any and all
2 waivers of Federal law and regulations and for any other
3 approvals by the Federal Government necessary for the
4 implementation of this act for an initial demonstration period
5 of five years. It shall be the obligation of the Secretary of
6 Public Welfare to enter into good faith negotiations with
7 appropriate Federal officials and to make every effort to obtain
8 the necessary Federal Waivers and approvals.
9 (b) Cash assistance administration.--The department shall be
10 responsible for making the AFDC eligibility determinations and
11 budget computations necessary for the implementation of the
12 provisions of section 4.
13 (c) Attendance reporting cooperation.--The department shall
14 provide to each school district, on a monthly basis, a list of
15 all AFDC recipients under 21 years of age who are residing in
16 the school district.
17 (d) Independent Families Trust Fund.--In accordance with the
18 provisions of section 8, the department shall be responsible for
19 administering the expenditure of funds from the Independent
20 Families Trust Fund, including establishing priorities and
21 programs designed to maximize the opportunities for economic
22 independence of welfare recipients eligible to receive grants
23 and services through this fund.
24 (e) Fair hearings.--The department shall establish
25 procedures to provide hearings for persons aggrieved by the
26 provisions of this act. These hearings shall be conducted under
27 the provisions of 2 Pa.C.S. (relating to administrative law and
28 procedure).
29 (f) Annual report.--On or before November 1 following the
30 first school year of the implementation of this act, and on or
19890S1263B1561 - 5 -
1 before that date in each succeeding year, the department shall
2 provide a report covering the preceding school and fiscal year
3 to the Secretary of the Senate and the Chief Clerk of the House
4 of Representatives for distribution to members of the General
5 Assembly. The report shall provide an evaluation of the
6 effectiveness of this act in meeting its stated purposes. The
7 annual report shall contain, but not be limited to, the
8 following information, provided for each county in the
9 Commonwealth and for the State as a whole:
10 (1) The number of AFDC recipients affected by this act
11 who receive a high school diploma or a general equivalency
12 diploma, beginning with the school year preceding the
13 implementation of this act and every year thereafter for
14 five-year periods.
15 (2) The number of AFDC recipients between 18 and 20
16 years of age who continue to receive public assistance as a
17 result of their participation in education and training
18 programs as defined in section 4(a) and (c), beginning with
19 the first school year of the implementation of this act and
20 every year thereafter for five-year periods.
21 (3) The number of AFDC recipients between 18 and 20
22 years of age who were receiving public assistance as an
23 essential person at any time during 1989 and who became
24 ineligible for AFDC assistance as a result of changes in
25 Federal regulations and their failure to participate in the
26 education and training programs authorized by section 4(a)
27 and (c).
28 (4) The number of AFDC recipients who become ineligible
29 for AFDC assistance as a result of section 4(a) during the
30 first year of implementation of this act and each year
19890S1263B1561 - 6 -
1 thereafter for five-year periods, together with the average
2 length of time of their ineligibility and the amounts of
3 Federal and State funds that would have been spent had these
4 persons remained otherwise eligible for participation in the
5 AFDC program, and the amount of State funds for general
6 assistance spent to provide cash assistance to such persons
7 during each fiscal year.
8 (5) The number of AFDC recipients who are parents and
9 participate in education and training programs as authorized
10 by section 4(a) and (c) and whose participation in such
11 programs was assisted through the child care provisions of
12 section 4(b) during each school or fiscal year, together with
13 the number of children for whom child care was provided under
14 this section.
15 (6) The amount of funds deposited into the Independent
16 Families Trust Fund and the amount of such funds spent on
17 child care and on education and training activities for each
18 year after the implementation of this act and every year
19 thereafter for five years.
20 (7) The number of AFDC recipients affected by this act
21 who leave the AFDC rolls due to employment each fiscal year,
22 beginning with the fiscal year preceding the implementation
23 of this act and each year thereafter.
24 (8) An overall statement of the progress of the program
25 during the preceding year, along with recommendation for
26 improvements.
27 (g) Rules and regulations.--Within 60 days after the Federal
28 waiver approval, the department shall promulgate rules and
29 regulations necessary to effectuate the provisions of this act,
30 except for the provisions of sections 6 and 7.
19890S1263B1561 - 7 -
1 Section 6. Powers and duties of Department of Education.
2 (a) Reasonable educational progress.--The Department of
3 Education, with the approval of the State Board of Education,
4 shall promulgate rules and regulations to define minimum
5 standards of reasonable educational progress, as required by
6 section 4(a), to be implemented by all school districts to
7 ensure meaningful participation in educational programming
8 leading towards the attainment of a high school diploma or its
9 equivalent by the welfare recipients affected by this program.
10 (b) School district reporting.--In cooperation with the
11 department, the Department of Education shall provide guidance
12 to local school districts relating to procedures for the
13 efficient reporting of information to county assistance offices
14 as required by sections 4 and 7.
15 (c) Effective alternative educational programs.--The
16 Secretary of Education shall be responsible for providing
17 information and technical assistance to school districts
18 concerning the implementation of model alternative educational
19 programs with proven effectiveness in meeting the educational
20 needs of welfare recipients affected by this program.
21 Section 7. Powers and duties of school districts.
22 (a) School attendance reporting.--Each school district
23 within this Commonwealth shall be responsible for reporting
24 monthly, to the appropriate county assistance office of the
25 department, the names and other appropriate identifying
26 information of any AFDC recipient who fails to meet the school
27 attendance requirement of section 4(a).
28 (b) Reasonable educational progress.--Each school district
29 within this Commonwealth shall be responsible for ensuring that
30 any AFDC recipient who meets the school attendance requirements
19890S1263B1561 - 8 -
1 of section 4(a) and (c) is making reasonable educational
2 progress, as defined by regulations promulgated by the
3 Department of Education.
4 Section 8. Independent Families Trust Fund.
5 In accordance with the provisions of section 5, the Secretary
6 of Public Welfare shall submit a request to the Federal
7 Government to enable the Commonwealth to continue to receive
8 Federal AFDC matching funds equal to the amounts otherwise saved
9 by the Federal government as a result of the implementation in
10 this Commonwealth of a final regulation relating to the
11 definition of "essential persons" within the AFDC program under
12 45 CFR Part 233 (relating to coverage and conditions of
13 eligibility in financial assistance programs). All such Federal
14 funds granted to the Commonwealth, together with the State
15 matching funds, shall be deposited into an Independent Families
16 Trust Fund, which shall first be dedicated to provide funding
17 for AFDC grants to persons between 18 and 21 years of age who
18 remain eligible for AFDC assistance as a result of their
19 participation in the activities authorized in section 4(a) and
20 (c). All State funds appropriated for the implementation of this
21 act shall be deposited into the Independent Families Trust Fund.
22 These funds and any remaining Federal funds in the Independent
23 Families Trust Fund shall be utilized to finance child care
24 services, as authorized in section 4(b), or to finance job
25 training and education programs designed to assist in the
26 implementation of section 4(a) and (c), as determined by the
27 Secretary of Public Welfare, in consultation with the Secretary
28 of Education and the Secretary of Labor and Industry.
29 Section 9. Appropriation.
30 The sum of $5,000,000 is hereby appropriated to the
19890S1263B1561 - 9 -
1 Independent Families Trust Fund.
2 Section 10. Applicability.
3 This act shall be applicable from the beginning of the school
4 year following the adoption of this act. The implementation of
5 any provisions of this act requiring authorization by the
6 Federal Government, especially the assurance of Federal matching
7 funds for the AFDC program in Pennsylvania, is contingent upon
8 the receipt and period of effectiveness of such Federal
9 approvals.
10 Section 11. Effective date.
11 This act shall take effect immediately.
D11L24MRD/19890S1263B1561 - 10 -