Regular Session 2021-2022 House Bill 2429 P.N. 3178

PRINTER'S NO. 3178

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2429

Session of

2022

INTRODUCED BY SCHLOSSBERG, SCHLEGEL CULVER, BENHAM, BRADFORD,

CIRESI, DALEY, DELLOSO, DeLUCA, FRANKEL, FREEMAN, GUENST,

HANBIDGE, HARKINS, HENNESSEY, HILL-EVANS, HOHENSTEIN,

INNAMORATO, KINKEAD, KINSEY, KOSIEROWSKI, LEWIS DELROSSO,

MADDEN, MERSKI, MULLINS, NEILSON, N. NELSON, O'MARA, PARKER,

PASHINSKI, SAMUELSON, SANCHEZ, SCHWEYER, STURLA, WEBSTER,

WELBY AND D. WILLIAMS, MAY 31, 2022

REFERRED TO COMMITTEE ON EDUCATION, MAY 31, 2022

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," providing for Building Opportunity

Through Out-of-School Time Grant Program; establishing the

Building Opportunity Through Out-of-School Time Fund; and

making an appropriation.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

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

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

article to read:

ARTICLE XV-K

BUILDING OPPORTUNITY THROUGH

OUT-OF-SCHOOL TIME GRANT PROGRAM

Section 1501-K. Scope of article.

This article relates to the establishment of the Building

Opportunity Through Out-of-School Time Grant Program.

Section 1502-K. 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:

"At-risk school-age youth." School-age youth who are at an

educational disadvantage because of limited English proficiency,

poverty, homelessness, foster care, housing instability,

academic difficulties or economic disadvantage.

"Commission." The Pennsylvania Commission on Crime and

Delinquency.

"Committee." The Building Opportunity Through Out-of-School

Time Committee established under section 1503-K.

"Community-based nonprofit organization." A qualified 501(c)

(3) organization providing out-of-school time programming to

school-age youth.

"Department." The Department of Education of the

Commonwealth.

"Eligible provider." The term:

(1) Includes any of the following entities:

(i) A community-based nonprofit organization.

(ii) A Statewide youth-serving nonprofit.

(iii) A library.

(iv) A school entity.

(2) Does not include any provider licensed under 55 Pa.

Code Ch. 3270 (relating to child day care centers), 3280

(relating to group child day care homes) or 3290 (relating to

family child day care homes).

"Fund." The Building Opportunity Through Out-of-School Time

Fund established under section 1504-K(i).

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"Library." A free, public, nonsectarian library, whether

established and maintained by a municipality or by a private

association, corporation or group, which serves the

informational, educational and recreational needs of all the

residents of the area for which its governing body is

responsible, by providing free access, including free lending

and reference services, to an organized and currently useful

collection of printed items and other materials and to the

services of a staff trained to recognize and provide for these

needs.

"Out-of-school time programming." Structured programs or

activities with engaged adult mentors and evidence-based or

evidence-informed practices provided to school-age youth before

school, after school or during the summer relating to one or

more of the following:

(1) Improving social, emotional, academic or career-

readiness competencies.

(2) Preventing and reducing teenage pregnancies.

(3) Reducing negative behaviors, including violence and

crime, tobacco use, alcohol and substance abuse,

disengagement from school, school suspension, truancy and

health-compromising behaviors.

(4) Providing a safe out-of-school time environment.

(5) Engaging in career exploration or formal or informal

work-based learning.

(6) Any other offerings approved by the committee.

"Program." The Building Opportunity Through Out-of-School

Time Grant Program established under section 1504-K.

"Qualified 501(c)(3) organization." A nonprofit organization

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

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of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)).

"School entity." A school district or area career and

technical school.

"School-age youth." Children attending a public or nonpublic

kindergarten, elementary school or secondary school at which the

compulsory attendance requirements of the Commonwealth may be

met.

"Statewide youth-serving nonprofit." A qualified nonprofit

organization recognized by the department that serves youth

across this Commonwealth.

Section 1503-K. Building Opportunity Through Out-of-School Time

Committee.

(a) Establishment.--The Building Opportunity Through Out-of-

School Time Committee is established within the commission.

(b) Composition.--The committee shall consist of the

following members:

(1) The chairperson of the commission or a designee.

(2) The Secretary of Education or a designee.

(3) The Secretary of Human Services or a designee.

(4) The Attorney General or a designee.

(5) An individual appointed by the President pro tempore

of the Senate.

(6) An individual appointed by the Minority Leader of

the Senate.

(7) An individual appointed by the Speaker of the House

of Representatives.

(8) An individual appointed by the Minority Leader of

the House of Representatives.

(9) The following members appointed by the Governor:

(i) An individual recommended by the Pennsylvania

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Statewide Afterschool Youth Development Network with

experience in out-of-school time programming.

(ii) An individual recommended by a Boys and Girls

Club organization operating in this Commonwealth with

experience in out-of-school time programming.

(iii) An individual recommended by a YMCA

organization operating in this Commonwealth with

experience in out-of-school time programming.

(iv) An individual recommended by a United Way

organization operating in this Commonwealth with

experience in out-of-school time programming.

(v) A child psychologist who specializes in mental,

social and emotional development of children recommended

by the Pennsylvania Psychological Association.

(vi) A licensed clinical social worker recommended

by the Pennsylvania Society for Clinical Social Work.

(vii) An individual recommended by the Pennsylvania

Association of School Administrators.

(viii) An individual recommended by the Pennsylvania

Court Appointed Special Advocates Association.

the chairperson of the commission or the chairperson's designee.

(d) Vice chairperson.--A vice chairperson shall be

designated by the chairperson of the committee from among the

members of the committee to preside at meetings in the absence

of the chairperson.

(e) Term.--Members of the committee shall serve a four-year

term.

(f) Quorum.--A majority of the members of the committee

present shall constitute a quorum and a quorum shall be required

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for all actions.

(g) Initial meeting.--The committee shall hold its first

meeting no later than 30 days from the effective date of this

subsection.

(h) Cooperation.--The commission shall cooperate with the

committee to select staff to be employed by the commission and

assigned to assist the committee in carrying out the

commission's duties.

Section 1504-K. Building Opportunity Through Out-of-School Time

Grant Program.

(a) Establishment.--The Building Opportunity Through Out-of-

School Time Grant Program is established to expand out-of-school

time programming opportunities for school-age youth.

(b) Functions generally.--The committee shall perform all

functions related to the direct approval, disbursement and

administration of grants under the program.

and manner in which an eligible provider may submit an

application to receive a grant award under the program. The

committee shall accept applications annually using money

available in the fund.

(d) Diversity.--The committee shall ensure that grant

funding under the program is geographically dispersed to

eligible providers throughout this Commonwealth.

(e) Supplemental.--Grant money allocated through the program

shall be used to supplement existing spending on out-of-school

time programming. Nothing shall preclude an eligible provider

from making an application in a subsequent year for the same

purpose and amount awarded in a prior year.

(f) Effect of revenue received.--Grant money received by a

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school entity under this section may not be included when

calculating the amount to be paid to a charter school under

section 1725-A.

(g) Limitations.--All grants must be made in accordance with

the following:

(1) The committee may establish appropriate parameters

for grant award amounts that may include per-student grant

award rates with additional allocations permitted for special

populations or delivery models.

(2) Eligible providers may use up to 5% of a grant award

under the program for administrative costs associated with

the program.

(3) Not less than 40% of the fund shall be awarded

annually to Statewide youth-serving nonprofits.

(4) Beginning in the 2024-2025 fiscal year, not more

than 10% of the fund shall be awarded annually to school

entities.

(5) A school entity shall not be eligible for funding

under this article until the 2024-2025 fiscal year.

(6) The committee, in its discretion, may award, in

whole or in part, a request made by an eligible provider in

the provider's grant application.

(h) Sustainability planning.--Sustainability planning is not

a necessary component of an application under this section. The

following shall apply:

(1) Notwithstanding subsection (k), the committee shall

prioritize maintaining grant awards under the program for the

same purpose and amount as eligible providers received in the

prior year if the eligible provider demonstrated satisfactory

compliance with the provisions of the program.

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(2) The provisions of paragraph (1) may not apply to an

eligible provider seeking a fourth consecutive grant award

under the program.

(i) Building Opportunity Through Out-of-School Time Fund.--

(1) The Building Opportunity Through Out-of-School Time

Fund is established as a nonlapsing fund in the State

Treasury.

(2) All money deposited into the fund and the interest

it accrues are appropriated to the commission on a continuing

basis to award grants under this article.

(3) No administrative action shall prevent the deposit

of money into the fund in the fiscal year in which the money

is received.

(4) The fund may only be used for the grant program

authorized under this article and no money in the fund may be

transferred or diverted to any other purpose by

administrative action.

(5) Money available to the fund shall include

appropriations and transfers from the General Fund, special

funds, Federal funds and other sources of revenue made

available to the fund.

(6) Grants under this section shall be awarded no later

than March 1, 2023, and each March 1 thereafter.

(j) Specific purposes.--The committee shall provide grants

from the fund to eligible providers for out-of-school time

programming. The following shall apply:

(1) The commission may use up to 2% of the money

appropriated from the fund to the commission for the program

to carry out the provisions of this article.

(2) The committee shall ensure that the funding

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announcement and grant application are constructed such that

eligible providers may remain eligible for Federal TANF

funding.

(k) Prioritization of grants.--Grant applications shall be

prioritized as follows:

(1) The committee may prioritize grant awards under the

program for eligible providers that meet any of the following

criteria:

(i) Serve the highest number or the highest

percentage of at-risk school-age youth, students

experiencing homelessness, foster care youth and students

with a disability as defined in 22 Pa. Code § 14.101

(relating to definitions).

(ii) Reduce barriers to access, including

transportation and enrollment costs, for at-risk school-

age youth and students with a disability as defined in 22

Pa. Code § 14.101.

(iii) Demonstrate a commitment to serve and increase

access for historically underrepresented and underserved

school-age youth.

(iv) Develop and maintain community coordination and

partnerships.

(v) Engage the prospective school-age youth

participants and other stakeholders in the development

and implementation of out-of-school time programming.

(vi) Integrate trauma-informed approaches into the

program curriculum and the professional development

curriculum of personnel of the eligible provider who have

regular contact with school-age youth.

(vii) Any other criteria approved by the committee.

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(2) The committee shall provide guidance in the funding

announcement detailing the specific criteria which it intends

to prioritize when making grant awards under the program.

(l) Training.--The committee shall conduct informational

training for eligible providers outlining the grant priorities

and completion of applications.

(m) Technical assistance.--The committee may use any portion

of its allotment under subsection (j) to contract with a third

party to provide technical assistance for eligible providers

that receive a grant award under the program.

(n) Nondiscrimination.--Eligible providers awarded grants

under this article may not discriminate against individuals or

groups by reason of their race, color, familial status,

religious creed, ancestry, age, sex, sexual orientation, gender

identity or expression, national origin, handicap or disability

or use of guide or support animals because of the blindness,

deafness or physical handicap of the user or because the user is

a handler or trainer of support or guide animals.

(o) Audits.--Audits shall be conducted in accordance with

the following:

(1) The commission may randomly audit and monitor grant

recipients under the program to ensure the appropriate use of

grant money under the program and compliance with the

provisions of subsection (d).

(2) The Auditor General may not perform audits related

to grant applications.

(p) Performance metrics.--The committee shall include

performance metrics to measure the progress of grants awarded

under the program.

(q) Report.--By March 1, 2023, and each March 1 thereafter,

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the commission shall post on its publicly accessible Internet

website a report to include:

(1) A summary by eligible provider of the grant award

amount, a description of the proposed grant award use, the

estimated number of school-age youth to be served by the

grant award, the estimated number of at-risk school-age youth

to be served by the grant award and the estimated average

per-student fee charged by an eligible provider to

participate in out-of-school time programming supported by a

grant award under the program.

(2) A summary of the amount and use of the

administrative costs permitted under subsection (j)(1).

Section 1505-K. Registry.

(a) Searchable registry.--The commission shall annually

maintain a searchable registry on its publicly accessible

Internet website of eligible providers of out-of-school time

programming that opt in to being included.

(b) Process.--The committee shall establish a process by

which eligible providers may opt in to being listed in the

registry under subsection (a).

Section 2. Appropriation.

The sum of $50,000,000 is appropriated to the department from

the General Fund for the 2022-2023 fiscal year for purposes of

the Building Opportunity Through Out-of-School Time Grant

Program.

Section 3. Effective date.

This act shall take effect July 1, 2022, or immediately,

whichever is later.

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