PRINTER'S NO. 885
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
789
Session of
2023
INTRODUCED BY CULVER, SAVAL, LANGERHOLC, REGAN, SCHWANK,
BREWSTER, FLYNN, KEARNEY, ARGALL, MILLER, HAYWOOD, LAUGHLIN
AND ROBINSON, JUNE 14, 2023
REFERRED TO EDUCATION, JUNE 14, 2023
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 the Building
Opportunity Through Out-of-School Time Grant Program; and
establishing the Building Opportunity Through Out-of-School
Time Fund.
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-N
BUILDING OPPORTUNITY THROUGH
OUT-OF-SCHOOL TIME GRANT PROGRAM
Section 1501-N. Scope of article.
This article relates to the establishment of the Building
Opportunity Through Out-of-School Time Grant Program.
Section 1502-N. Definitions.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
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-N.
"Community-based nonprofit organization." A nonprofit
organization which is qualified for an exemption under 26 U.S.C.
§ 501(c)(3) (relating to exemption from tax on corporations,
certain trusts, etc.) and provides out-of-school time
programming to school-age youth.
"Eligible provider." The term:
(1) Includes any of the following entities:
(i) A community-based nonprofit organization that is
not a member of a Statewide youth-serving nonprofit
organization.
(ii) A Statewide youth-serving nonprofit.
(iii) A school entity.
(2) Does not include any provider licensed under 55 Pa.
Code Ch. 3270 (relating to child care centers), 3280
(relating to group child care homes) or 3290 (relating to
family child care homes).
"Fund." The Building Opportunity Through Out-of-School Time
Fund established under section 1504-N(i).
"Out-of-school time programming." Structured programs or
20230SB0789PN0885 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
activities that meet all of the following:
(1) To the extent practicable, are led by engaged adult
mentors using evidence-based or evidence-informed practices
and are provided to school-age youth before school, after
school or during the summer.
(2) Neither include nor in any way supplant
instructional services provided by school entity employees.
(3) Neither satisfy compulsory education requirements
nor result in academic credit for students.
(4) Relate to one or more of the following:
(i) Improving social, emotional, academic or career-
readiness competencies.
(ii) Preventing and reducing teenage pregnancies.
(iii) Reducing negative behaviors, including
violence and crime, tobacco use, alcohol and substance
abuse, disengagement from school, school suspension,
truancy and health-compromising behaviors.
(iv) Providing a safe out-of-school time
environment.
(v) Engaging in career exploration or formal or
informal work-based learning.
(vi) Any other offerings approved by the committee.
"Program." The Building Opportunity Through Out-of-School
Time Grant Program established under section 1504-N.
"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.
20230SB0789PN0885 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
"Statewide youth-serving nonprofit." A Statewide association
that meets all of the following:
(1) Is qualified for an exemption under 26 U.S.C. §
501(c)(4).
(2) Serves community-based nonprofit organizations.
(3) Is affiliated and in good standing with a nationally
recognized nonprofit.
(4) Provides facility based out-of-school time
programming designed for recreational, educational and
character-building purposes for school-age youth.
Section 1503-N. 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) An individual appointed by the President pro tempore
of the Senate.
(5) An individual appointed by the Minority Leader of
the Senate.
(6) An individual appointed by the Speaker of the House
of Representatives.
(7) An individual appointed by the Minority Leader of
the House of Representatives.
(8) The following members appointed by the Governor:
(i) Three individuals from different Statewide
youth-serving nonprofit organizations from geographically
20230SB0789PN0885 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
diverse areas.
(ii) Three individuals from different community-
based nonprofit organizations from geographically diverse
areas.
(iii) A child psychologist who specializes in
mental, social and emotional development of children
recommended by the Pennsylvania Psychological
Association.
(iv) A licensed clinical social worker recommended
by the Pennsylvania Society for Clinical Social Work.
(v) An individual recommended by the Pennsylvania
Association of School Administrators.
(vi) An individual recommended by the Pennsylvania
Court Appointed Special Advocates Association.
(c) Chairperson.--The chairperson of the committee shall be
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 for all actions.
(g) Initial meeting.--The committee shall hold its first
meeting no later than 60 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
20230SB0789PN0885 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
assigned to assist the committee in carrying out the
commission's duties.
Section 1504-N. 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.
(c) Applications.--The committee shall prescribe the form
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
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
20230SB0789PN0885 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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 more than 40% of the fund shall be awarded
annually to Statewide youth-serving nonprofit organizations.
(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.
(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
20230SB0789PN0885 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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, 2024, and each November 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
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
20230SB0789PN0885 - 8 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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.
(2) The committee shall provide guidance in the funding
announcement detailing the specific criteria which the
committee 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
20230SB0789PN0885 - 9 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
and completion of applications.
(m) Technical assistance.--The committee may use any portion
of the 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 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, 2024, and each November 1
thereafter, the commission shall post on its publicly accessible
Internet website a report to include:
(1) A summary by the 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
20230SB0789PN0885 - 10 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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-N. 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 1506-N. Construction.
Nothing in this article shall supersede or preempt any
provision of a collective bargaining agreement between a school
entity and an employee organization.
Section 2. This act shall take effect July 1, 2023, or
immediately, whichever is later.
20230SB0789PN0885 - 11 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21