THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY GREENLEAF, TARTAGLIONE, ERICKSON AND BROWNE, JANUARY 12, 2011

REFERRED TO EDUCATION, JANUARY 12, 2011  

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 further providing for the

powers and duties of the Department of Public Welfare.

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.--The General Assembly hereby finds and

declares that there are more than 5,000,000 school-age children

across the country who are on their own before and 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

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 Public Welfare 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 under enrolled in a public or

private elementary or secondary school; or

(2)  has a documented developmental age of 12 years or

less and chronologically no 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.

(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.

(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

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 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 provider s that comply with rules and regulations of

the department relating to the provision of child-care services

as provided for in section 4(e).

(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, 2011, or immediately,

whichever is later.