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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, WASHINGTON, WAUGH, KASUNIC, ROBBINS AND PICCOLA, JUNE 14, 2011 |
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| REFERRED TO EDUCATION, JUNE 14, 2011 |
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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 2. The act is amended by adding an article to read: |
15 | ARTICLE XIII-B |
16 | RELIGIOUS CHILD-CARE FACILITIES AND |
17 | RELIGIOUS CHILD DEVELOPMENT FACILITIES |
18 | Section 1301-B. Declaration of policy. |
19 | The General Assembly finds and declares as follows: |
20 | (1) A significant number of parents choose to enroll |
21 | their children in religious child-care facilities and |
22 | religious child development facilities where education, |
23 | training, values and guidance that are consistent with the |
24 | religious views and beliefs of the parents will be imparted |
25 | to their children. |
26 | (2) It is the policy of the Commonwealth to preserve the |
27 | primary right of parents to choose the education, training |
28 | and care of their children. |
29 | (3) Nonprofit religious child-care facilities and |
30 | religious child development facilities believe the provision |
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1 | of child care and development services at a reasonable cost |
2 | to parents to be part of their religious mission to assist |
3 | parents in the care and upbringing of their children. |
4 | (4) Because of the religious nature of such facilities, |
5 | it is the policy of the Commonwealth to refrain from |
6 | subjecting them to unnecessary regulation and undue |
7 | governmental intrusion, particularly in religiously sensitive |
8 | areas relating to the selection of employees, program content |
9 | and guidance. |
10 | (5) At the same time, the Commonwealth has a duty to |
11 | protect the health and safety of children whose parents |
12 | choose to utilize religious child care and child development |
13 | services by assuring that religious child care and child |
14 | development providers comply with minimum health and safety |
15 | requirements. |
16 | (6) It is the intent of the General Assembly to balance |
17 | these interests in protecting parental choice, religious |
18 | freedom and child safety at religious child-care facilities |
19 | and religious child development facilities by enacting the |
20 | provisions of this article to govern the operation of |
21 | religious child-care facilities and religious child |
22 | development facilities. |
23 | Section 1302-B. Definitions. |
24 | The following words and phrases when used in this article |
25 | shall have the meanings given to them in this section unless the |
26 | context clearly indicates otherwise: |
27 | "Aide." An individual who: |
28 | (1) Assists in the provision of care for children at a |
29 | facility. |
30 | (2) Is at least 16 years of age. |
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1 | (3) Has had at least 12 hours of orientation on facility |
2 | procedures. |
3 | (4) Has completed general first aid and fire safety |
4 | training. |
5 | (5) Is directly supervised by a primary caregiver or |
6 | director. |
7 | "Caregiver." An individual who provides child-care services |
8 | to children at a religious child-care facility. |
9 | "Child care." Care in lieu of parental care given for part |
10 | of the 24-hour day to children under 16 years of age away from |
11 | their own homes other than at religious child development |
12 | facilities. |
13 | "Department." The Department of Education of the |
14 | Commonwealth. |
15 | "Direct supervision." Oversight of a caregiver by a |
16 | supervisor who: |
17 | (1) is onsite; |
18 | (2) knows the whereabouts of the supervised caregiver; |
19 | and |
20 | (3) is responsible for the proper execution of the |
21 | supervised caregiver's duties, regardless of whether the |
22 | supervisor is physically present with the supervised |
23 | caregiver at all times. |
24 | "Director." An individual who: |
25 | (1) Is in charge of a religious child-care facility. |
26 | (2) Is at least 21 years of age. |
27 | (3) Has completed a program of instruction in general |
28 | first aid training, including instruction in childhood injury |
29 | prevention and infectious diseases. |
30 | (4) Has had fire safety training and at least 1,000 |
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1 | hours of experience in teaching or working with children. |
2 | "Primary caregiver." An individual who: |
3 | (1) Is responsible for the care of children at a |
4 | facility. |
5 | (2) Is at least 18 years of age. |
6 | (3) Has had general first aid and fire safety training. |
7 | (4) Has had at least 200 hours of experience in teaching |
8 | or working with children. |
9 | "Religious child-care facility." A premises, other than a |
10 | religious child development facility, in which care in lieu of |
11 | parental care is given for part of the 24-hour day to children |
12 | under 16 years of age away from their own homes: |
13 | (1) That is operated or controlled or supervised by, or |
14 | is affiliated with, a bona fide church, association of |
15 | churches or other religious body that is exempt from Federal |
16 | taxation under section 501(c)(3) of the Internal Revenue Code |
17 | of 1986 (Public Law 99-514, 26 U.S.C. § 1 et seq.). |
18 | (2) In which child care is provided as part of the |
19 | religious mission of the church, association of churches or |
20 | other religious body. |
21 | "Religious child development facility." A prekindergarten, |
22 | preschool, nursery school, before-school program, after-school |
23 | program or summer school program that is operated, supervised or |
24 | controlled by, or is affiliated with a bona fide church, |
25 | association of churches or other religious body that is exempt |
26 | from Federal taxation under section 501(c)(3) of the Internal |
27 | Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 1 et seq.), |
28 | and which enrolls children who are two years four months of age |
29 | and older. |
30 | "Staff person." An individual who may be counted for |
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1 | purposes of compliance with the staff-to-child ratios required |
2 | by this article. The term includes a director, primary caregiver |
3 | or aide and may also include an individual who meets those |
4 | qualifications but does not receive compensation for the |
5 | individual's services. |
6 | Section 1303-B. Duties of religious child development |
7 | facilities. |
8 | (a) Child protective services law.--A religious child |
9 | development facility shall comply with applicable provisions of |
10 | this act and of 23 Pa.C.S. Ch. 63 (relating to child protective |
11 | services) relating to obtaining criminal background and child |
12 | abuse checks for employees and for reporting child abuse. |
13 | (b) Health and safety requirements.--A religious child |
14 | development facility shall comply with all laws relating to the |
15 | health and safety of the children enrolled therein that are |
16 | applicable to those nonpublic, nonlicensed religious schools |
17 | that are described in section 1327(b). |
18 | (c) Affidavit.--The administrator or chief executive officer |
19 | of a religious child development facility shall file an initial |
20 | affidavit with the department attesting to the facility's |
21 | compliance with the requirements of this section and shall file |
22 | a supplemental affidavit for any change or amendment to the |
23 | initial filing. |
24 | Section 1304-B. Duties of religious child-care facilities. |
25 | (a) Child protective services law.--A religious child-care |
26 | facility shall comply with applicable provisions of 23 Pa.C.S. |
27 | Ch. 63 (relating to child protective services), including |
28 | requirements for obtaining criminal background and child abuse |
29 | checks for employees and for reporting child abuse. |
30 | (b) Staffing.-- |
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1 | (1) A religious child-care facility shall be supervised |
2 | by a director and shall have: |
3 | (i) One or more persons who hold a current |
4 | certificate of completion of pediatric first aid training |
5 | at the facility when children are in care. |
6 | (ii) At least one person at the facility who holds a |
7 | current certificate of completion of training in infant |
8 | and child cardiopulmonary resuscitation (CPR) when a |
9 | child, whose physician has determined that the child is |
10 | at increased risk for needing heart resuscitation, is in |
11 | care at the facility. |
12 | (2) All children shall be directly supervised by a staff |
13 | person. With respect to children under five years of age, |
14 | direct supervision requires that staff be in the same room or |
15 | child-care area with the children and be able to see, hear |
16 | and assess the supervised children without use of a |
17 | monitoring device. While such children are using the toilet, |
18 | direct supervision shall be satisfied if staff is able to |
19 | hear the children. |
20 | (3) A religious child-care facility shall provide one |
21 | staff person for every four children who are from birth to |
22 | one year of age; one staff person for every five children who |
23 | are between one and two years of age; and one staff person |
24 | for every six children between two and three years of age. |
25 | All children shall be directly supervised by a staff person. |
26 | (4) (i) When children are swimming or wading, the |
27 | religious child-care facility shall provide one staff |
28 | person for every child from birth to one year of age; one |
29 | staff person for every two children who are between one |
30 | and three years of age; one staff person for every five |
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1 | children between three and six years of age; and one |
2 | staff person for every eight school-age children. |
3 | (ii) If children are in mixed age groups with no |
4 | children younger than three years of age in care, the |
5 | staff ratio applicable for the majority of children at |
6 | the same age in care shall apply. |
7 | (iii) Parents and adult volunteers who are present |
8 | where the swimming or wading occurs may be counted for |
9 | purposes of determining water safety ratios. |
10 | (iv) At least one person certified in lifeguard |
11 | training must be present when children are swimming. |
12 | (5) When children above the age of 12 months are napping, |
13 | a staff person may provide care for twice the number of such |
14 | children which would otherwise be allowed by the ratio |
15 | applicable to them. |
16 | (c) Affidavit from facility.-- |
17 | (1) A religious child-care facility shall annually file |
18 | an affidavit with the department which states the following: |
19 | (i) The name, address and telephone number of the |
20 | facility. |
21 | (ii) The name and address of the religious entity or |
22 | entities that control, operate or supervise the facility, |
23 | or with which the facility is affiliated. |
24 | (iii) The name of the director or chief |
25 | administrator of the facility. |
26 | (iv) That the facility is in compliance with |
27 | applicable Federal and State civil rights statutes. |
28 | (2) A religious child-care facility shall file an |
29 | amended affidavit with the department within 30 days if any |
30 | information contained in the affidavit, which previously was |
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1 | submitted, changes. |
2 | (3) The department may not charge religious child-care |
3 | facilities a fee for filing the affidavit required under this |
4 | section. |
5 | Section 1305-B. Autonomy of religious child-care and child |
6 | development facilities. |
7 | (a) Department.--Except as set forth in this article, the |
8 | department has no authority over, nor shall it attempt to |
9 | exercise authority over, a religious child-care facility or |
10 | religious child development facility. |
11 | (b) Commonwealth and political subdivisions.--Except as set |
12 | forth in this article, neither the Commonwealth nor any |
13 | political subdivision has authority over, nor shall either |
14 | attempt to exercise authority over, the program, curriculum, |
15 | ministry, staff qualifications, staffing requirements, |
16 | disciplinary requirements, teaching or instruction offered in a |
17 | religious child-care facility or religious child development |
18 | facility. |
19 | (c) Employment and admissions.--Neither the Commonwealth nor |
20 | any political subdivision may interfere with the liberty of a |
21 | religious child-care facility or religious child development |
22 | facility to apply religious criteria in the employment or |
23 | selection of individuals who serve as staff or administrators in |
24 | the facility or with the liberty of a religious child-care |
25 | facility or religious child development facility to establish |
26 | and apply religious criteria in the admission to, or the |
27 | retention of, children in the facility's program. |
28 | (d) Preemption.-- |
29 | (1) A religious child-care facility or religious child |
30 | development facility shall not be subject to any requirements |
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1 | of, or regulations issued under, the act of June 13, 1967 |
2 | (P.L.31, No.21), known as the Public Welfare Code, relating |
3 | to child care facilities. Nor shall a religious child-care |
4 | facility or religious child development facility that is |
5 | subject to this article be subject to any ordinances or |
6 | regulations adopted by any political subdivision relating to |
7 | the operation of child-care facilities. |
8 | (2) A religious child-care facility or religious child |
9 | development facility shall comply with generally applicable |
10 | State statutes and regulations relating to health and safety |
11 | promulgated by the Department of Agriculture, the Department |
12 | of Environmental Protection, the Department of Health, the |
13 | Department of Labor and Industry, the Department of |
14 | Transportation or by any political subdivision, and with |
15 | generally applicable health and safety requirements or |
16 | generally applicable building and zoning requirements adopted |
17 | by a political subdivision. |
18 | (3) (i) A religious child-care facility or religious |
19 | child development facility shall comply with applicable |
20 | regulations promulgated by the department relating to |
21 | inspection and compliance with the provisions of this |
22 | article. |
23 | (ii) Nothing in this article shall be construed to |
24 | grant the department the authority to require a religious |
25 | child-care facility or religious child development |
26 | facility to obtain a license or other form of |
27 | certification as a precondition to its operation or its |
28 | continued operation. |
29 | (4) Nothing in this article shall be construed to |
30 | prevent a religious child-care facility or religious child |
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1 | development facility from voluntarily obtaining a certificate |
2 | of compliance or license from the Department of Public |
3 | Welfare under the Public Welfare Code in lieu of filing |
4 | pursuant to this article and of complying with this article. |
5 | Section 1306-B. Penalties. |
6 | A person commits a misdemeanor of the second degree if, with |
7 | intent to mislead a public servant in performing his official |
8 | function, the person makes a knowingly false statement in an |
9 | affidavit required to be filed by this article. |
10 | Section 1307-B. Eligibility for governmental assistance. |
11 | (a) General rule.--A religious child care facility or |
12 | religious child development facility that files an affidavit |
13 | under this article and is in substantial compliance with this |
14 | act shall be deemed an eligible provider of child-care services |
15 | for which Federal, State or local assistance is available to |
16 | parents; Provided, however, that no such assistance shall be |
17 | deemed to be assistance to the facility itself. |
18 | (b) Limitation.--No agency of the Commonwealth may submit |
19 | any State plan to the Federal Government for funding of child- |
20 | care services which would limit the ability of religious child- |
21 | care facility or religious child development facilities to |
22 | accept certificates, vouchers or other forms of disbursement |
23 | provided to parents for child-care services unless such limits |
24 | are expressly required by Federal law. |
25 | Section 3. This act shall take effect in 60 days. |
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