| CORRECTIVE REPRINT |
| PRIOR PRINTER'S NOS. 1341, 2305 | PRINTER'S NO. 2309 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY CORMAN, SCARNATI, BROWNE, BRUBAKER, ERICKSON, FOLMER, ORIE, RAFFERTY, SOLOBAY, TOMLINSON, WAUGH, KASUNIC, ROBBINS, PICCOLA, D. WHITE AND MENSCH, JUNE 14, 2011 |
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| SENATOR PICCOLA, EDUCATION, AS AMENDED, JUNE 19, 2012 |
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| AN ACT |
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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 pupils and attendance, further | <-- |
6 | providing for compulsory school attendance; providing for the |
7 | regulation of religious child-care facilities and religious |
8 | child development facilities; and imposing penalties. |
9 | The General Assembly of the Commonwealth of Pennsylvania |
10 | hereby enacts as follows: |
11 | Section 1. Section 1327(b) of the act of March 10, 1949 | <-- |
12 | (P.L.30, No.14), known as the Public School Code of 1949, |
13 | amended December 15, 1986 (P.L.1602, No.178), is amended to |
14 | read: |
15 | Section 1327. Compulsory School Attendance.--* * * |
16 | (b) A child enrolled in a day school which is operated by a |
17 | bona fide church or other religious body, and the parent, |
18 | guardian or other person having control or charge of any such |
19 | child or children of compulsory school age shall be deemed to |
20 | have met the requirements of this section if that school |
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1 | provides a minimum of one hundred eighty (180) days of |
2 | instruction or nine hundred (900) hours of instruction per year |
3 | at the elementary level or nine hundred ninety (990) hours per |
4 | year of instruction at the secondary level and: |
5 | (1) At the elementary school level, the following courses |
6 | are taught: English, to include spelling, reading and writing; |
7 | arithmetic; science; geography; history of the United States and |
8 | Pennsylvania; civics; safety education, including regular and |
9 | continuous instruction in the dangers and prevention of fires; |
10 | health and physiology; physical education; music; and art. |
11 | (2) At the secondary school level, the following courses are |
12 | offered: English, to include language, literature, speech and |
13 | composition; science, to include biology and chemistry; |
14 | geography; social studies, to include civics, economics, world |
15 | history, history of the United States and Pennsylvania; a |
16 | foreign language; mathematics, to include general mathematics |
17 | and statistics, algebra and geometry; art; music; physical |
18 | education; health and physiology; and safety education, |
19 | including regular and continuous instruction in the dangers and |
20 | prevention of fires. |
21 | The requirements contained in sections 1511 and 1605 of this act |
22 | shall not apply to such schools. The notarized affidavit of the |
23 | principal of any such school, filed with the Department of |
24 | Education and setting forth that such subjects are offered in |
25 | the English language in such school, whether it is a nonprofit |
26 | organization, and that such school is otherwise in compliance |
27 | with the provisions of this act, shall be satisfactory and |
28 | sufficient evidence thereof. It is the policy of the |
29 | Commonwealth to preserve the primary right and the obligation of |
30 | the parent or parents, or person or persons in loco parentis to |
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1 | a child, to choose the education and training for such child. |
2 | Nothing contained in this act or any law of this Commonwealth |
3 | shall empower the Commonwealth, any of its officers, agencies or |
4 | subdivisions to mandate or approve the course or program |
5 | content, faculty, staff or disciplinary requirements of any |
6 | religious school referred to in this section or religious pre- |
7 | kindergarten, pre-school, nursery school, before-school or |
8 | after-school program or summer school program without the |
9 | consent of said school or religious entity; Provided, however, |
10 | that all such religious schools or entities shall be subject to |
11 | the applicable background check requirements of this act and 23 |
12 | Pa.C.S. Ch. 63 (relating to child protective services). |
13 | * * * |
14 | Section 1. The act of March 10, 1949 (P.L.30, No.14), known | <-- |
15 | as the Public School Code of 1949, is amended by adding a |
16 | section to read: |
17 | Section 1338.3. Religious Educational Facilities.--(a) It |
18 | is the policy of the Commonwealth to preserve the primary right |
19 | and the obligation of the parent or parents, or person or |
20 | persons in loco parentis to a child, to choose the education and |
21 | training for such child. |
22 | (b) Nothing contained in this act or any law of this |
23 | Commonwealth shall empower the Commonwealth or any of its |
24 | officers, agencies or subdivisions to mandate or approve the |
25 | course or program content, curriculum, faculty, staff, training |
26 | or principles of religious development or spiritual formation of |
27 | any religious pre-kindergarten, pre-school, nursery school, |
28 | before-school or after-school program or summer school program |
29 | operated by any church, association of churches or other |
30 | religious order, body or institution which qualifies for |
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1 | exemption from taxation under section 501(c)(3) or (d) of the |
2 | Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § |
3 | 501) without the consent of the religious entity. |
4 | (c) The religious entities referred to in subsection (b) |
5 | shall be subject to the applicable background check and child |
6 | abuse reporting requirements of this act and 23 Pa.C.S. Ch. 63 |
7 | (relating to child protective services). |
8 | (d) Nothing contained in this section shall be construed to |
9 | prevent the Commonwealth from: |
10 | (1) Adopting or enforcing any rules which prevent physical |
11 | threats to the health or safety of individuals or unsanitary or |
12 | dangerous conditions in facilities which, prior to the effective |
13 | date of this section, are licensed or supervised under the act |
14 | of June 13, 1967 (P.L.31, No.21), known as the "Public Welfare |
15 | Code." |
16 | (2) Imposing any staff-child ratio requirements or staff |
17 | training requirements that are required to prevent physical |
18 | threats to the health or safety of individuals or unsanitary or |
19 | dangerous conditions in facilities which, prior to the effective |
20 | date of this section, are licensed or supervised under the |
21 | "Public Welfare Code." |
22 | Section 2. The act is amended by adding an article to read: |
23 | ARTICLE XIII-B |
24 | RELIGIOUS CHILD-CARE FACILITIES AND |
25 | RELIGIOUS CHILD DEVELOPMENT FACILITIES |
26 | Section 1301-B. Declaration of policy. |
27 | The General Assembly finds and declares as follows: |
28 | (1) A significant number of parents choose to enroll |
29 | their children in religious child-care facilities and |
30 | religious child development facilities where education, |
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1 | training, values and guidance that are consistent with the |
2 | religious views and beliefs of the parents will be imparted |
3 | to their children. |
4 | (2) It is the policy of the Commonwealth to preserve the |
5 | primary right of parents to choose the education, training |
6 | and care of their children. |
7 | (3) Nonprofit religious child-care facilities and |
8 | religious child development facilities believe the provision |
9 | of child care and development services at a reasonable cost |
10 | to parents to be part of their religious mission to assist |
11 | parents in the care and upbringing of their children. |
12 | (4) Because of the religious nature of such facilities, |
13 | it is the policy of the Commonwealth to refrain from |
14 | subjecting them to unnecessary regulation and undue |
15 | governmental intrusion, particularly in religiously sensitive |
16 | areas relating to the selection of employees, program content |
17 | and guidance. |
18 | (5) At the same time, the Commonwealth has a duty to |
19 | protect the health and safety of children whose parents |
20 | choose to utilize religious child care and child development |
21 | services by assuring that religious child care and child |
22 | development providers comply with minimum health and safety |
23 | requirements. |
24 | (6) It is the intent of the General Assembly to balance |
25 | these interests in protecting parental choice, religious |
26 | freedom and child safety at religious child-care facilities |
27 | and religious child development facilities by enacting the |
28 | provisions of this article to govern the operation of |
29 | religious child-care facilities and religious child |
30 | development facilities. |
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1 | Section 1302-B. Definitions. |
2 | The following words and phrases when used in this article |
3 | shall have the meanings given to them in this section unless the |
4 | context clearly indicates otherwise: |
5 | "Aide." An individual who: |
6 | (1) Assists in the provision of care for children at a |
7 | facility. |
8 | (2) Is at least 16 years of age. |
9 | (3) Has had at least 12 hours of orientation on facility |
10 | procedures. |
11 | (4) Has completed general first aid and fire safety |
12 | training. |
13 | (5) Is directly supervised by a primary caregiver or |
14 | director. |
15 | "Caregiver." An individual who provides child-care services |
16 | to children at a religious child-care facility. |
17 | "Child care." Care in lieu of parental care given for part |
18 | of the 24-hour day to children under 16 years of age away from |
19 | their own homes other than at religious child development |
20 | facilities. |
21 | "Department." The Department of Education of the |
22 | Commonwealth. |
23 | "Direct supervision." Oversight of a caregiver by a |
24 | supervisor who: |
25 | (1) is onsite; |
26 | (2) knows the whereabouts of the supervised caregiver; |
27 | and |
28 | (3) is responsible for the proper execution of the |
29 | supervised caregiver's duties, regardless of whether the |
30 | supervisor is physically present with the supervised |
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1 | caregiver at all times. |
2 | "Director." An individual who: |
3 | (1) Is in charge of a religious child-care facility. |
4 | (2) Is at least 21 years of age. |
5 | (3) Has completed a program of instruction in general |
6 | first aid training, including instruction in childhood injury |
7 | prevention and infectious diseases. |
8 | (4) Has had fire safety training and at least 1,000 |
9 | hours of experience in teaching or working with children. |
10 | "Primary caregiver." An individual who: |
11 | (1) Is responsible for the care of children at a |
12 | facility. |
13 | (2) Is at least 18 years of age. |
14 | (3) Has had general first aid and fire safety training. |
15 | (4) Has had at least 200 hours of experience in teaching |
16 | or working with children. |
17 | "Religious child-care facility." A premises, other than a |
18 | religious child development facility, in which care in lieu of |
19 | parental care is given for part of the 24-hour day to children |
20 | under 16 years of age away from their own homes: |
21 | (1) That is operated or controlled or supervised by, or |
22 | is affiliated with, a bona fide church, association of |
23 | churches or other religious body that is exempt from Federal |
24 | taxation under section 501(c)(3) of the Internal Revenue Code |
25 | of 1986 (Public Law 99-514, 26 U.S.C. § 1 et seq.). |
26 | (2) In which child care is provided as part of the |
27 | religious mission of the church, association of churches or |
28 | other religious body. |
29 | "Religious child development facility." A prekindergarten, |
30 | preschool, nursery school, before-school program, after-school |
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1 | program or summer school program that is operated, supervised or |
2 | controlled by, or is affiliated with a bona fide church, |
3 | association of churches or other religious body that is exempt |
4 | from Federal taxation under section 501(c)(3) of the Internal |
5 | Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 1 et seq.), |
6 | and which enrolls children who are two years four months of age |
7 | and older. |
8 | "Staff person." An individual who may be counted for |
9 | purposes of compliance with the staff-to-child ratios required |
10 | by this article. The term includes a director, primary caregiver |
11 | or aide and may also include an individual who meets those |
12 | qualifications but does not receive compensation for the |
13 | individual's services. |
14 | Section 1303-B. Duties of religious child development |
15 | facilities. |
16 | (a) Child protective services law.--A religious child |
17 | development facility shall comply with applicable provisions of |
18 | this act and of 23 Pa.C.S. Ch. 63 (relating to child protective |
19 | services) relating to obtaining criminal background and child |
20 | abuse checks for employees and for reporting child abuse. |
21 | (b) Health and safety requirements.--A religious child |
22 | development facility shall comply with all laws relating to the |
23 | health and safety of the children enrolled therein that are |
24 | applicable to those nonpublic, nonlicensed religious schools |
25 | that are described in section 1327(b). |
26 | (c) Affidavit.--The administrator or chief executive officer |
27 | of a religious child development facility shall file an initial |
28 | affidavit with the department attesting to the facility's |
29 | compliance with the requirements of this section and shall file |
30 | a supplemental affidavit for any change or amendment to the |
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1 | initial filing. |
2 | Section 1304-B. Duties of religious child-care facilities. |
3 | (a) Child protective services law.--A religious child-care |
4 | facility shall comply with applicable provisions of 23 Pa.C.S. |
5 | Ch. 63 (relating to child protective services), including |
6 | requirements for obtaining criminal background and child abuse |
7 | checks for employees and for reporting child abuse. |
8 | (b) Staffing.-- |
9 | (1) A religious child-care facility shall be supervised |
10 | by a director and shall have: |
11 | (i) One or more persons who hold a current |
12 | certificate of completion of pediatric first aid training |
13 | at the facility when children are in care. |
14 | (ii) At least one person at the facility who holds a |
15 | current certificate of completion of training in infant |
16 | and child cardiopulmonary resuscitation (CPR) when a |
17 | child, whose physician has determined that the child is |
18 | at increased risk for needing heart resuscitation, is in |
19 | care at the facility. |
20 | (2) All children shall be directly supervised by a staff |
21 | person. With respect to children under five years of age, |
22 | direct supervision requires that staff be in the same room or |
23 | child-care area with the children and be able to see, hear |
24 | and assess the supervised children without use of a |
25 | monitoring device. While such children are using the toilet, |
26 | direct supervision shall be satisfied if staff is able to |
27 | hear the children. |
28 | (3) A religious child-care facility shall provide one |
29 | staff person for every four children who are from birth to |
30 | one year of age; one staff person for every five children who |
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1 | are between one and two years of age; and one staff person |
2 | for every six children between two and three years of age. |
3 | All children shall be directly supervised by a staff person. |
4 | (4) (i) When children are swimming or wading, the |
5 | religious child-care facility shall provide one staff |
6 | person for every child from birth to one year of age; one |
7 | staff person for every two children who are between one |
8 | and three years of age; one staff person for every five |
9 | children between three and six years of age; and one |
10 | staff person for every eight school-age children. |
11 | (ii) If children are in mixed age groups with no |
12 | children younger than three years of age in care, the |
13 | staff ratio applicable for the majority of children at |
14 | the same age in care shall apply. |
15 | (iii) Parents and adult volunteers who are present |
16 | where the swimming or wading occurs may be counted for |
17 | purposes of determining water safety ratios. |
18 | (iv) At least one person certified in lifeguard |
19 | training must be present when children are swimming. |
20 | (5) When children above the age of 12 months are napping, |
21 | a staff person may provide care for twice the number of such |
22 | children which would otherwise be allowed by the ratio |
23 | applicable to them. |
24 | (c) Affidavit from facility.-- |
25 | (1) A religious child-care facility shall annually file |
26 | an affidavit with the department which states the following: |
27 | (i) The name, address and telephone number of the |
28 | facility. |
29 | (ii) The name and address of the religious entity or |
30 | entities that control, operate or supervise the facility, |
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1 | or with which the facility is affiliated. |
2 | (iii) The name of the director or chief |
3 | administrator of the facility. |
4 | (iv) That the facility is in compliance with |
5 | applicable Federal and State civil rights statutes. |
6 | (2) A religious child-care facility shall file an |
7 | amended affidavit with the department within 30 days if any |
8 | information contained in the affidavit, which previously was |
9 | submitted, changes. |
10 | (3) The department may not charge religious child-care |
11 | facilities a fee for filing the affidavit required under this |
12 | section. |
13 | Section 1305-B. Autonomy of religious child-care and child |
14 | development facilities. |
15 | (a) Department.--Except as set forth in this article, the |
16 | department has no authority over, nor shall it attempt to |
17 | exercise authority over, a religious child-care facility or |
18 | religious child development facility. |
19 | (b) Commonwealth and political subdivisions.--Except as set |
20 | forth in this article, neither the Commonwealth nor any |
21 | political subdivision has authority over, nor shall either |
22 | attempt to exercise authority over, the program, curriculum, |
23 | ministry, staff qualifications, staffing requirements, |
24 | disciplinary requirements principles of religious development or | <-- |
25 | religious formation, teaching or instruction offered in a |
26 | religious child-care facility or religious child development |
27 | facility. |
28 | (c) Employment and admissions.--Neither the Commonwealth nor |
29 | any political subdivision may interfere with the liberty of a |
30 | religious child-care facility or religious child development |
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1 | facility to apply religious criteria in the employment or |
2 | selection of individuals who serve as staff or administrators in |
3 | the facility or with the liberty of a religious child-care |
4 | facility or religious child development facility to establish |
5 | and apply religious criteria in the admission to, or the |
6 | retention of, children in the facility's program. |
7 | (d) Preemption.-- |
8 | (1) A religious child-care facility or religious child |
9 | development facility shall not be subject to any requirements |
10 | of, or regulations issued under, the act of June 13, 1967 |
11 | (P.L.31, No.21), known as the Public Welfare Code, relating |
12 | to child care facilities. Nor shall a religious child-care |
13 | facility or religious child development facility that is |
14 | subject to this article be subject to any ordinances or |
15 | regulations adopted by any political subdivision relating to |
16 | the operation of child-care facilities. |
17 | (2) A religious child-care facility or religious child |
18 | development facility shall comply with generally applicable |
19 | State statutes and regulations relating to health and safety |
20 | promulgated by the Department of Agriculture, the Department |
21 | of Environmental Protection, the Department of Health, the |
22 | Department of Labor and Industry, the Department of |
23 | Transportation or by any political subdivision, and with |
24 | generally applicable health and safety requirements or |
25 | generally applicable building and zoning requirements adopted |
26 | by a political subdivision. |
27 | (3) (i) A religious child-care facility or religious |
28 | child development facility shall comply with applicable |
29 | regulations promulgated by the department relating to |
30 | inspection and compliance with the provisions of this |
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1 | article. |
2 | (ii) Nothing in this article shall be construed to |
3 | grant the department the authority to require a religious |
4 | child-care facility or religious child development |
5 | facility to obtain a license or other form of |
6 | certification as a precondition to its operation or its |
7 | continued operation. |
8 | (4) Nothing in this article shall be construed to |
9 | prevent a religious child-care facility or religious child |
10 | development facility from voluntarily obtaining a certificate |
11 | of compliance or license from the Department of Public |
12 | Welfare under the Public Welfare Code in lieu of filing |
13 | pursuant to this article and of complying with this article. |
14 | Section 1306-B. Penalties. |
15 | A person commits a misdemeanor of the second degree if, with |
16 | intent to mislead a public servant in performing his official |
17 | function, the person makes a knowingly false statement in an |
18 | affidavit required to be filed by this article. |
19 | Section 1307-B. Eligibility for governmental assistance. |
20 | (a) General rule.--A religious child care facility or |
21 | religious child development facility that files an affidavit |
22 | under this article and is in substantial compliance with this |
23 | act shall be deemed an eligible provider of child-care services |
24 | for which Federal, State or local assistance is available to |
25 | parents; Provided, however, that no such assistance shall be |
26 | deemed to be assistance to the facility itself. |
27 | (b) Limitation.--No agency of the Commonwealth may submit |
28 | any State plan to the Federal Government for funding of child- |
29 | care services which would limit the ability of religious child- |
30 | care facility or religious child development facilities to |
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1 | accept certificates, vouchers or other forms of disbursement |
2 | provided to parents for child-care services unless such limits |
3 | are expressly required by Federal law. |
4 | Section 1308-B. Regulations. | <-- |
5 | (a) General rule.--Upon the effective date of this section, |
6 | the State Board of Education, in consultation with the |
7 | department, Department of Public Welfare, Department of Labor |
8 | and Industry and other interested parties shall promulgate |
9 | regulations pursuant to the act of June 25, 1982 (P.L.633, |
10 | No.181), known as the Regulatory Review Act, to further provide |
11 | for the implementation of additional health and safety measures |
12 | that are necessary for religious child development facilities |
13 | and religious child-care facilities. |
14 | (b) Inspections.--The department is authorized to use the |
15 | inspection services of the Department of Public Welfare in |
16 | carrying out any inspections required under this article. |
17 | Section 3. This act shall take effect in 60 days. |
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