AN ACT

 

1Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2act relating to the public school system, including certain
3provisions applicable as well to private and parochial
4schools; amending, revising, consolidating and changing the
5laws relating thereto," in preliminary provisions, providing
6for religious educational facilities.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. The act of March 10, 1949 (P.L.30, No.14), known
10as the Public School Code of 1949, is amended by adding a
11section to read:

12Section 1338.3. Religious Educational Facilities.--(a) It
13is the policy of the Commonwealth to preserve the primary right
14and the obligation of the parent or parents, or person or
15persons in loco parentis to a child, to choose the education and
16training for such child. It is likewise the policy of the
17Commonwealth to avoid imposing substantial burdens on the
18religious liberties of educational ministries without compelling

1justification.

2(b) Except as otherwise provided in this section, nothing
3contained in this act or in any law of this Commonwealth shall
4empower the Commonwealth, any of its officers, agencies or
5subdivisions to mandate or approve the course or program
6content, curriculum, faculty, staff, training or principles of
7religious development or spiritual formation of any religious
8educational facility.

9(c) A religious educational facility shall be subject to the
10applicable background check and child abuse reporting
11requirements of this act and 23 Pa.C.S. Ch. 63 (relating to
12child protective services).

13(d) Nothing contained in this section shall prevent the
14Commonwealth from:

15(1) Adopting or enforcing any regulations which prevent
16threats to the physical health or safety of individuals or
17unsanitary or dangerous conditions in religious educational
18facilities or which prohibit any form of child abuse as defined
19in 23 Pa.C.S. Ch. 63.

20(2) Imposing any staff-child ratio requirements or staff
21training requirements that are necessary to prevent threats to
22the physical health or safety of individuals or unsanitary or
23dangerous conditions in religious educational facilities,
24provided that no minimum staffing requirements shall be imposed
25on any before-school program or after-school program that is
26operated on the premises of a religious school, that is staffed
27by the regular classroom teachers or staff members at that
28school and that maintains staff-child ratios that are
29substantially the same as those maintained during the regular
30school day.

1(3) Requiring that a religious educational facility submit
2to annual or emergency inspections as authorized by statute.

3(4) Requiring that a religious educational facility comply
4with all applicable requirements of any statute, regulation or
5program guidance under which governmental funding is provided to
6the facility, including, but not limited to, Head Start, Pre-K
7Counts, child care assistance or child care services or any
8other program funded by appropriations made by the General
9Assembly.

10(e) A religious educational facility shall comply with
11generally applicable State statutes and regulations relating to
12health and safety promulgated by the Department of Agriculture,
13the Department of Environmental Protection, the Department of
14Health, the Department of Labor and Industry, the Department of
15Transportation or by any political subdivision, and with
16generally applicable health and safety requirements or generally
17applicable building and zoning requirements adopted by a
18political subdivision.

19(f) The terms in this section shall have the following
20definitions:

21"Before-school program" or "after-school program" means a
22program for pupils attending a religious kindergarten,
23elementary school or secondary school that is operated for no
24more than five (5) hours per day on the premises of the
25religious school attended by the pupils of that school during
26the regular academic year and is staffed by regular classroom
27teachers or staff members at that school.

28"Prekindergarten," "preschool," or "nursery school" means a
29school which maintains or conducts classes for the purpose of
30offering instruction and learning experiences to a minimum of

1five (5) pupils for not less than two (2) hours per day nor more
2than six (6) hours per day and for at least sixty (60) days per
3academic calendar year. A prekindergarten, preschool or nursery
4school that is affiliated with and is operated on the premises
5of a religious kindergarten, elementary school or secondary
6school may operate for up to seven (7) hours per day if its
7hours of operation coincide with the instructional day of the
8school with which it is affiliated. A religious prekindergarten,
9preschool or nursery school shall register with the Department
10of Education in the same manner as prescribed by regulation for
11religious schools that are described in section 1327(b).

12"Religious educational facility" means a prekindergarten,
13preschool, nursery school, before-school program or after-school
14program or school vacation program for children who have
15attained two (2) years and seven (7) months of age or older,
16operated by any church, association of churches or other
17religious order, body or institution which qualifies for
18exemption from taxation under section 501(c)(3) or (d) of the
19Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §
20501).

21"School vacation program" means an instructional program
22operated by a religious elementary school or secondary school or
23a vacation Bible school or other similar program which
24incorporates religious instruction, training, learning
25experiences or principles of religious development or spiritual
26formation during the days when school is not open.

27Section 2. This act shall take effect in 60 days.