THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY CORMAN, SCARNATI, BROWNE, BRUBAKER, ERICKSON, FOLMER, ORIE, RAFFERTY, SOLOBAY, TOMLINSON, WAUGH, KASUNIC, ROBBINS, PICCOLA, D. WHITE AND MENSCH, JUNE 14, 2011

SENATOR PICCOLA, EDUCATION, AS AMENDED, JUNE 19, 2012   

AN ACT

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

act relating to the public school system, including certain

provisions applicable as well to private and parochial

schools; amending, revising, consolidating and changing the

laws relating thereto," in pupils and attendance, further

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providing for compulsory school attendance; providing for the

regulation of religious child-care facilities and religious

child development facilities; and imposing penalties 

providing for religious educational facilities.

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The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1327(b) of the act of March 10, 1949

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(P.L.30, No.14), known as the Public School Code of 1949,

amended December 15, 1986 (P.L.1602, No.178), is amended to

read:

Section 1327.  Compulsory School Attendance.--* * *

(b)  A child enrolled in a day school which is operated by a

bona fide church or other religious body, and the parent,

guardian or other person having control or charge of any such

child or children of compulsory school age shall be deemed to

have met the requirements of this section if that school

provides a minimum of one hundred eighty (180) days of

instruction or nine hundred (900) hours of instruction per year

at the elementary level or nine hundred ninety (990) hours per

year of instruction at the secondary level and:

(1)  At the elementary school level, the following courses

are taught: English, to include spelling, reading and writing;

arithmetic; science; geography; history of the United States and

Pennsylvania; civics; safety education, including regular and

continuous instruction in the dangers and prevention of fires;

health and physiology; physical education; music; and art.

(2)  At the secondary school level, the following courses are

offered: English, to include language, literature, speech and

composition; science, to include biology and chemistry;

geography; social studies, to include civics, economics, world

history, history of the United States and Pennsylvania; a

foreign language; mathematics, to include general mathematics

and statistics, algebra and geometry; art; music; physical

education; health and physiology; and safety education,

including regular and continuous instruction in the dangers and

prevention of fires.

The requirements contained in sections 1511 and 1605 of this act

shall not apply to such schools. The notarized affidavit of the

principal of any such school, filed with the Department of

Education and setting forth that such subjects are offered in

the English language in such school, whether it is a nonprofit

organization, and that such school is otherwise in compliance

with the provisions of this act, shall be satisfactory and

sufficient evidence thereof. It is the policy of the

Commonwealth to preserve the primary right and the obligation of

the parent or parents, or person or persons in loco parentis to

a child, to choose the education and training for such child.

Nothing contained in this act or any law of this Commonwealth 

shall empower the Commonwealth, any of its officers, agencies or

subdivisions to mandate or approve the course or program 

content, faculty, staff or disciplinary requirements of any

religious school referred to in this section or religious pre-

kindergarten, pre-school, nursery school, before-school or

after-school program or summer school program without the

consent of said school or religious entity; Provided, however,

that all such religious schools or entities shall be subject to

the applicable background check requirements of this act and 23

Pa.C.S. Ch. 63 (relating to child protective services).

* * *

Section 2.  The act is amended by adding an article to read:

ARTICLE XIII-B

RELIGIOUS CHILD-CARE FACILITIES AND

RELIGIOUS CHILD DEVELOPMENT FACILITIES

Section 1301-B.  Declaration of policy.

The General Assembly finds and declares as follows:

(1)  A significant number of parents choose to enroll

their children in religious child-care facilities and

religious child development facilities where education,

training, values and guidance that are consistent with the

religious views and beliefs of the parents will be imparted

to their children.

(2)  It is the policy of the Commonwealth to preserve the

primary right of parents to choose the education, training

and care of their children.

(3)  Nonprofit religious child-care facilities and

religious child development facilities believe the provision

of child care and development services at a reasonable cost

to parents to be part of their religious mission to assist

parents in the care and upbringing of their children.

(4)  Because of the religious nature of such facilities,

it is the policy of the Commonwealth to refrain from

subjecting them to unnecessary regulation and undue

governmental intrusion, particularly in religiously sensitive

areas relating to the selection of employees, program content

and guidance.

(5)  At the same time, the Commonwealth has a duty to

protect the health and safety of children whose parents

choose to utilize religious child care and child development

services by assuring that religious child care and child

development providers comply with minimum health and safety

requirements.

(6)  It is the intent of the General Assembly to balance

these interests in protecting parental choice, religious

freedom and child safety at religious child-care facilities

and religious child development facilities by enacting the

provisions of this article to govern the operation of

religious child-care facilities and religious child

development facilities.

Section 1302-B.  Definitions.

The following words and phrases when used in this article

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Aide."  An individual who:

(1)  Assists in the provision of care for children at a

facility.

(2)  Is at least 16 years of age.

(3)  Has had at least 12 hours of orientation on facility

procedures.

(4)  Has completed general first aid and fire safety

training.

(5)  Is directly supervised by a primary caregiver or

director.

"Caregiver."  An individual who provides child-care services

to children at a religious child-care facility.

"Child care."  Care in lieu of parental care given for part

of the 24-hour day to children under 16 years of age away from

their own homes other than at religious child development

facilities.

"Department."  The Department of Education of the

Commonwealth.

"Direct supervision."  Oversight of a caregiver by a

supervisor who:

(1)  is onsite;

(2)  knows the whereabouts of the supervised caregiver;

and

(3)  is responsible for the proper execution of the

supervised caregiver's duties, regardless of whether the

supervisor is physically present with the supervised

caregiver at all times.

"Director."  An individual who:

(1)  Is in charge of a religious child-care facility.

(2)  Is at least 21 years of age.

(3)  Has completed a program of instruction in general

first aid training, including instruction in childhood injury

prevention and infectious diseases.

(4)  Has had fire safety training and at least 1,000

hours of experience in teaching or working with children.

"Primary caregiver."  An individual who:

(1)  Is responsible for the care of children at a

facility.

(2)  Is at least 18 years of age.

(3)  Has had general first aid and fire safety training.

(4)  Has had at least 200 hours of experience in teaching

or working with children.

"Religious child-care facility."  A premises, other than a

religious child development facility, in which care in lieu of

parental care is given for part of the 24-hour day to children

under 16 years of age away from their own homes:

(1)  That is operated or controlled or supervised by, or

is affiliated with, a bona fide church, association of

churches or other religious body that is exempt from Federal

taxation under section 501(c)(3) of the Internal Revenue Code

of 1986 (Public Law 99-514, 26 U.S.C. § 1 et seq.).

(2)  In which child care is provided as part of the

religious mission of the church, association of churches or

other religious body.

"Religious child development facility."  A prekindergarten,

preschool, nursery school, before-school program, after-school

program or summer school program that is operated, supervised or

controlled by, or is affiliated with a bona fide church,

association of churches or other religious body that is exempt

from Federal taxation under section 501(c)(3) of the Internal

Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 1 et seq.),

and which enrolls children who are two years four months of age

and older.

"Staff person."  An individual who may be counted for

purposes of compliance with the staff-to-child ratios required

by this article. The term includes a director, primary caregiver

or aide and may also include an individual who meets those

qualifications but does not receive compensation for the

individual's services.

Section 1303-B.  Duties of religious child development

facilities.

(a)  Child protective services law.--A religious child

development facility shall comply with applicable provisions of

this act and of 23 Pa.C.S. Ch. 63 (relating to child protective

services) relating to obtaining criminal background and child

abuse checks for employees and for reporting child abuse.

(b)  Health and safety requirements.--A religious child

development facility shall comply with all laws relating to the

health and safety of the children enrolled therein that are

applicable to those nonpublic, nonlicensed religious schools

that are described in section 1327(b).

(c)  Affidavit.--The administrator or chief executive officer

of a religious child development facility shall file an initial

affidavit with the department attesting to the facility's

compliance with the requirements of this section and shall file

a supplemental affidavit for any change or amendment to the

initial filing.

Section 1304-B.  Duties of religious child-care facilities.

(a)  Child protective services law.--A religious child-care

facility shall comply with applicable provisions of 23 Pa.C.S.

Ch. 63 (relating to child protective services), including

requirements for obtaining criminal background and child abuse

checks for employees and for reporting child abuse.

(b)  Staffing.--

(1)  A religious child-care facility shall be supervised

by a director and shall have:

(i)  One or more persons who hold a current

certificate of completion of pediatric first aid training

at the facility when children are in care.

(ii)  At least one person at the facility who holds a

current certificate of completion of training in infant

and child cardiopulmonary resuscitation (CPR) when a

child, whose physician has determined that the child is

at increased risk for needing heart resuscitation, is in

care at the facility.

(2)  All children shall be directly supervised by a staff

person. With respect to children under five years of age,

direct supervision requires that staff be in the same room or

child-care area with the children and be able to see, hear

and assess the supervised children without use of a

monitoring device. While such children are using the toilet,

direct supervision shall be satisfied if staff is able to

hear the children.

(3)  A religious child-care facility shall provide one

staff person for every four children who are from birth to

one year of age; one staff person for every five children who

are between one and two years of age; and one staff person

for every six children between two and three years of age.

All children shall be directly supervised by a staff person.

(4)  (i)  When children are swimming or wading, the

religious child-care facility shall provide one staff

person for every child from birth to one year of age; one

staff person for every two children who are between one

and three years of age; one staff person for every five

children between three and six years of age; and one

staff person for every eight school-age children.

(ii)  If children are in mixed age groups with no

children younger than three years of age in care, the

staff ratio applicable for the majority of children at

the same age in care shall apply.

(iii)  Parents and adult volunteers who are present

where the swimming or wading occurs may be counted for

purposes of determining water safety ratios.

(iv) At least one person certified in lifeguard

training must be present when children are swimming.

(5) When children above the age of 12 months are napping,

a staff person may provide care for twice the number of such

children which would otherwise be allowed by the ratio

applicable to them.

(c)  Affidavit from facility.--

(1)  A religious child-care facility shall annually file

an affidavit with the department which states the following:

(i)  The name, address and telephone number of the

facility.

(ii)  The name and address of the religious entity or

entities that control, operate or supervise the facility,

or with which the facility is affiliated.

(iii)  The name of the director or chief

administrator of the facility.

(iv)  That the facility is in compliance with

applicable Federal and State civil rights statutes.

(2)  A religious child-care facility shall file an

amended affidavit with the department within 30 days if any

information contained in the affidavit, which previously was

submitted, changes.

(3)  The department may not charge religious child-care

facilities a fee for filing the affidavit required under this

section.

Section 1305-B.  Autonomy of religious child-care and child

development facilities.

(a)  Department.--Except as set forth in this article, the

department has no authority over, nor shall it attempt to

exercise authority over, a religious child-care facility or

religious child development facility.

(b)  Commonwealth and political subdivisions.--Except as set

forth in this article, neither the Commonwealth nor any

political subdivision has authority over, nor shall either

attempt to exercise authority over, the program, curriculum,

ministry, staff qualifications, staffing requirements,

disciplinary requirements, teaching or instruction offered in a

religious child-care facility or religious child development

facility.

(c)  Employment and admissions.--Neither the Commonwealth nor

any political subdivision may interfere with the liberty of a

religious child-care facility or religious child development

facility to apply religious criteria in the employment or

selection of individuals who serve as staff or administrators in

the facility or with the liberty of a religious child-care

facility or religious child development facility to establish

and apply religious criteria in the admission to, or the

retention of, children in the facility's program.

(d)  Preemption.--

(1)  A religious child-care facility or religious child

development facility shall not be subject to any requirements

of, or regulations issued under, the act of June 13, 1967

(P.L.31, No.21), known as the Public Welfare Code, relating

to child care facilities. Nor shall a religious child-care

facility or religious child development facility that is

subject to this article be subject to any ordinances or

regulations adopted by any political subdivision relating to

the operation of child-care facilities.

(2)  A religious child-care facility or religious child

development facility shall comply with generally applicable

State statutes and regulations relating to health and safety

promulgated by the Department of Agriculture, the Department

of Environmental Protection, the Department of Health, the

Department of Labor and Industry, the Department of

Transportation or by any political subdivision, and with

generally applicable health and safety requirements or

generally applicable building and zoning requirements adopted

by a political subdivision.

(3)  (i)  A religious child-care facility or religious

child development facility shall comply with applicable

regulations promulgated by the department relating to

inspection and compliance with the provisions of this

article.

(ii)  Nothing in this article shall be construed to

grant the department the authority to require a religious

child-care facility or religious child development

facility to obtain a license or other form of

certification as a precondition to its operation or its

continued operation.

(4)  Nothing in this article shall be construed to

prevent a religious child-care facility or religious child

development facility from voluntarily obtaining a certificate

of compliance or license from the Department of Public

Welfare under the Public Welfare Code in lieu of filing

pursuant to this article and of complying with this article.

Section 1306-B.  Penalties.

A person commits a misdemeanor of the second degree if, with

intent to mislead a public servant in performing his official

function, the person makes a knowingly false statement in an

affidavit required to be filed by this article.

Section 1307-B.  Eligibility for governmental assistance.

(a)  General rule.--A religious child care facility or

religious child development facility that files an affidavit

under this article and is in substantial compliance with this

act shall be deemed an eligible provider of child-care services

for which Federal, State or local assistance is available to

parents; Provided, however, that no such assistance shall be

deemed to be assistance to the facility itself.

(b)  Limitation.--No agency of the Commonwealth may submit

any State plan to the Federal Government for funding of child-

care services which would limit the ability of religious child-

care facility or religious child development facilities to

accept certificates, vouchers or other forms of disbursement

provided to parents for child-care services unless such limits

are expressly required by Federal law.

Section 1.  The act of March 10, 1949 (P.L.30, No.14), known

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as the Public School Code of 1949, is amended by adding a

section to read:

Section 1338.3.  Religious Educational Facilities.--(a)  It

is the policy of the Commonwealth to preserve the primary right

and the obligation of the parent or parents, or person or

persons in loco parentis to a child, to choose the education and

training for such child.

(b)  Nothing contained in this act or any law of this

Commonwealth shall empower the Commonwealth or any of its

officers, agencies or subdivisions to mandate or approve the

course or program content, curriculum, faculty, staff, training

or principles of religious development or spiritual formation of

any religious pre-kindergarten, pre-school, nursery school,

before-school or after-school program or summer school program,

for children aged two and one-half years and older, operated by

any church, association of churches or other religious order,

body or institution which qualifies for exemption from taxation

under section 501(c)(3) or (d) of the Internal Revenue Code of

1986 (Public Law 99-514, 26 U.S.C. § 501) without the consent of

the religious entity.

(c)  The religious entities referred to in subsection (b)

shall be subject to the applicable background check and child

abuse reporting requirements of this act and 23 Pa.C.S. Ch. 63

(relating to child protective services).

(d)  Nothing contained in this section shall be construed to

prevent the Commonwealth from:

(1)  Adopting or enforcing any rules which prevent physical

threats to the health or safety of individuals or unsanitary or

dangerous conditions in facilities which are licensed or

supervised under the act of June 13, 1967 (P.L.31, No.21), known

as the Public Welfare Code.

(2)  Imposing any staff-child ratio requirements or staff

training requirements that are required to prevent physical

threats to the health or safety of individuals or unsanitary or

dangerous conditions in facilities which are licensed or

supervised under the Public Welfare Code.

Section 3 2.  This act shall take effect in 60 days.

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