1Establishing a Statewide program to support and guide public and
2private schools in this Commonwealth in the establishment of
3extended school day child-care programs for school-age
4children; defining eligibility; and further providing for the
5powers and duties of the Department of Public Welfare.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1.  Short title.

9This act shall be known and may be cited as the School-based
10Child-care Assistance Act.

11Section 2.  Legislative intent.

12(a)  Findings.--The General Assembly hereby finds and
13declares that there are more than 5,000,000 school-age children
14across the country who are on their own before and after school
15while their parents work. These children are left unattended and
16unsupervised and face danger of physical harm, sexual
17exploitation, emotional distress and developmental deficiencies.

18(b)  Purpose.--The purpose of this act is to encourage and
19support child-care services in public and private schools for

1school-age children for the time period before and after the
2school day.

3Section 3.  Definitions.

4The following words and phrases when used in this act shall
5have the meanings given to them in this section unless the
6context clearly indicates otherwise:

7"Department."  The Department of Public Welfare of the 
8Commonwealth.

9"Extended school day child-care programs."  The term includes 
10child-care programs for the periods before and after the school 
11day.

12"School-age child."  A child who:

13(1)  is 13 years of age or under enrolled in a public or
14private elementary or secondary school; or

15(2)  has a documented developmental age of 12 years or
16less and chronologically not more than 16 years of age;

17and whose parent, parents or guardian works or is being trained
18and is unavailable in the home before or after school, or both.

19Section 4.  Powers and duties of department.

20(a)  Grants authorized.--

21(1)  The department shall provide grants to school
22districts and private schools. A school district or private
23school shall receive a grant for each school-age child
24enrolled in the school district's or private school's
25extended school day child-care program. The amount of the
26grant for each child shall be based on the total amount
27appropriated for that program divided by the total number of
28school-age children enrolled in school-based child-care
29programs throughout this Commonwealth.

30(2)  A school district or private school may retain up to

125% for administrative costs and shall use the remaining
2portion of the grant to offset any fees charged to the
3parent, parents or guardian for the services.

4(3)  If a school district or private school contracts
5with a public or private provider that is charging the
6parents directly for the services, the school district or
7private school shall use the remaining portion of the grant
8to reimburse the contractor for the offset in fees.

9(b)  Application procedure.--The department shall develop an
10application procedure.

11(c)  Monitor programs.--The department shall monitor all
12extended school day child-care programs to ensure that they meet
13standards consistent with those established by regulation.

14(d)  Annual evaluation.--The department shall evaluate
15extended school day child-care programs in this Commonwealth
16once each fiscal year to determine the level of participation in
17the programs.

18(e)  Regulations.--The department shall have the power to
19establish and promulgate the rules and regulations that are
20necessary to carry out the provisions of this act.

21(f)  Transportation.--The school district or the contractor 
22may provide transportation to children enrolled in an extended 
23school day child-care program, but in no event shall the 
24provisions of this section be construed so as to entitle such 
25children to free transportation at the expense of the school 
26district, as provided for in section 1361 of the act of March 
2710, 1949 (P.L.30, No.14), known as the Public School Code of 
281949.

29Section 5.  Contracts for services.

30(a)  Contracts with providers.--

1(1)  The board of directors of a school district acting
2alone or with another district or districts or an
3intermediate unit, or a private school acting alone or with
4another private school, may contract with a public or private
5agency licensed or regulated by the department to provide
6child-care programs or services before or after the regular
7school day, during the regular school year, in the buildings
8of such district or districts, or school or schools. In
9contracting with a provider, the school district or private
10school shall give priority to not-for-profit child-care
11providers.

12(2)  Each school district or private school may lease any
13school property for a fee that the school district or private
14school determines reasonable or permit the free use of school
15property for the operation of an extended school day child-
16care program.

17(3)  Such contracts or leases may provide for the
18contractor to charge a fee to the parents or guardians of
19children receiving such services.

20(b)  Direct services.--

21(1)  The board of directors of any school district acting
22alone or with another district or districts or an
23intermediate unit, or a private school acting alone or with
24another private school, may directly provide extended school
25day child-care programs before or after the regular school
26day, during the regular school year, in the buildings of such
27district or districts, or school or schools.

28(2)  The board of directors or private school may take
29such actions and incur such expenses as may be necessary to
30provide such programs and services. In no event shall such

1expenses be considered to be costs of an integral part of the
2public school system.

3(3)  The board of directors or private schools may charge
4a fee to the parents or guardians of children receiving such
5services to the extent necessary to support such child-care
6programs.

7(4)  Any balance of funds accruing from the operation of
8extended child-care programs or services shall be used only
9for the improvement of such programs and services and may not
10be used for other purposes.

11(5)  (i)  The board of directors may employ such staff as 
12may be necessary to provide such programs or services, 
13but in no event shall such staff be considered 
14professional employees or temporary professional 
15employees, as provided for in Article XI of the act of 
16March 10, 1949 (P.L.30, No.14), known as the Public 
17School Code of 1949, for their employment in such 
18programs.

19(ii)  Although child-care programs and services
20provided for in this section shall not be considered an
21integral part of the public school program of a school
22district, school directors and employees shall be assumed
23to be working within the scope of their duties and
24employment in providing such programs and services for
25purposes of governmental immunity.

26(c)  Compliance.--Contracts shall be made only with those
27child-care providers that comply with rules and regulations of
28the department relating to the provision of child-care services
29as provided for in section 4(e).

30(d)  Liability.--

1(1)  Any contract authorized in subsections (a) and (c)
2shall address liability for accident or injury during the
3operation of an extended school day child-care program.

4(2)  A school district may purchase the types of coverage
5it is permitted to purchase under sections 511, 513 and 774
6of the Public School Code of 1949.

7Section 6.  Effective date.

8This act shall take effect July 1, 2013, or immediately,
9whichever is later.