Bill Text: PA HB2504 | 2011-2012 | Regular Session | Introduced

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Bill Title: In pupils and attendance, providing for the regulation of religious child-care facilities and religious child development facilities; and imposing penalties.

Spectrum: Partisan Bill (Republican 9-0)

Status: (Introduced - Dead) 2012-06-22 - Referred to EDUCATION [HB2504 Detail]

Download: Pennsylvania-2011-HB2504-Introduced.html

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PRINTER'S NO. 3814
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2504 Session of2012
INTRODUCED BY SAYLOR, CLYMER, BARRAR, GINGRICH, METZGAR AND TALLMAN, JUNE 22, 2012
REFERRED TO COMMITTEE ON EDUCATION, JUNE 22, 2012
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," in pupils and attendance, providing
for the regulation of religious child-care facilities and
religious child development facilities; and imposing
penalties.
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 a
section to read:
Section 1338.3. Religious Educational Facilities.--(a) It
is the policy of the Commonwealth to preserve the primary right
and the obligation of the parent or parents, or person or
persons in loco parentis to a child, to choose the education and
training for such child.
(b) Nothing contained in this act or any law of this
Commonwealth shall empower the Commonwealth or any of its
officers, agencies or subdivisions to mandate or approve the
course or program content, curriculum, faculty, staff, training
or principles of religious development or spiritual formation of
any religious pre-kindergarten, pre-school, nursery school,
before-school or after-school program or summer school program
operated by any church, association of churches or other
religious order, body or institution which qualifies for
exemption from taxation under section 501(c)(3) or (d) of the
Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §
501) without the consent of the religious entity.
(c) The religious entities referred to in subsection (b)
shall be subject to the applicable background check and child
abuse reporting requirements of this act and 23 Pa.C.S. Ch. 63
(relating to child protective services).
(d) Nothing contained in this section shall be construed to
prevent the Commonwealth from:
(1) Adopting or enforcing any rules which prevent physical
threats to the health or safety of individuals or unsanitary or
dangerous conditions in facilities which, prior to the effective
date of this section, are licensed or supervised under the act
of June 13, 1967 (P.L.31, No.21), known as the "Public Welfare
Code."
(2) Imposing any staff-child ratio requirements or staff
training requirements that are required to prevent physical
threats to the health or safety of individuals or unsanitary or
dangerous conditions in facilities which, prior to the effective
date of this section, are licensed or supervised under the
"Public Welfare Code."
Section 2. The act is amended by adding an article to read:
ARTICLE XIII-B
RELIGIOUS CHILD-CARE FACILITIES AND
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RELIGIOUS CHILD DEVELOPMENT FACILITIES
Section 1301-B. Declaration of policy.
The General Assembly finds and declares as follows:
(1) A significant number of parents choose to enroll
their children in religious child-care facilities and
religious child development facilities where education,
training, values and guidance that are consistent with the
religious views and beliefs of the parents will be imparted
to their children.
(2) It is the policy of the Commonwealth to preserve the
primary right of parents to choose the education, training
and care of their children.
(3) Nonprofit religious child-care facilities and
religious child development facilities believe the provision
of child care and development services at a reasonable cost
to parents to be part of their religious mission to assist
parents in the care and upbringing of their children.
(4) Because of the religious nature of such facilities,
it is the policy of the Commonwealth to refrain from
subjecting them to unnecessary regulation and undue
governmental intrusion, particularly in religiously sensitive
areas relating to the selection of employees, program content
and guidance.
(5) At the same time, the Commonwealth has a duty to
protect the health and safety of children whose parents
choose to utilize religious child care and child development
services by assuring that religious child care and child
development providers comply with minimum health and safety
requirements.
(6) It is the intent of the General Assembly to balance
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these interests in protecting parental choice, religious
freedom and child safety at religious child-care facilities
and religious child development facilities by enacting the
provisions of this article to govern the operation of
religious child-care facilities and religious child
development facilities.
Section 1302-B. 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:
"Aide." An individual who:
(1) Assists in the provision of care for children at a
facility.
(2) Is at least 16 years of age.
(3) Has had at least 12 hours of orientation on facility
procedures.
(4) Has completed general first aid and fire safety
training.
(5) Is directly supervised by a primary caregiver or
director.
"Caregiver." An individual who provides child-care services
to children at a religious child-care facility.
"Child care." Care in lieu of parental care given for part
of the 24-hour day to children under 16 years of age away from
their own homes other than at religious child development
facilities.
"Department." The Department of Education of the
Commonwealth.
"Direct supervision." Oversight of a caregiver by a
supervisor who:
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(1) is onsite;
(2) knows the whereabouts of the supervised caregiver;
and
(3) is responsible for the proper execution of the
supervised caregiver's duties, regardless of whether the
supervisor is physically present with the supervised
caregiver at all times.
"Director." An individual who:
(1) Is in charge of a religious child-care facility.
(2) Is at least 21 years of age.
(3) Has completed a program of instruction in general
first aid training, including instruction in childhood injury
prevention and infectious diseases.
(4) Has had fire safety training and at least 1,000
hours of experience in teaching or working with children.
"Primary caregiver." An individual who:
(1) Is responsible for the care of children at a
facility.
(2) Is at least 18 years of age.
(3) Has had general first aid and fire safety training.
(4) Has had at least 200 hours of experience in teaching
or working with children.
"Religious child-care facility." A premises, other than a
religious child development facility, in which care in lieu of
parental care is given for part of the 24-hour day to children
under 16 years of age away from their own homes:
(1) That is operated or controlled or supervised by, or
is affiliated with, a bona fide church, association of
churches or other religious body that is exempt from Federal
taxation under section 501(c)(3) of the Internal Revenue Code
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of 1986 (Public Law 99-514, 26 U.S.C. § 1 et seq.).
(2) In which child care is provided as part of the
religious mission of the church, association of churches or
other religious body.
"Religious child development facility." A prekindergarten,
preschool, nursery school, before-school program, after-school
program or summer school program that is operated, supervised or
controlled by, or is affiliated with a bona fide church,
association of churches or other religious body that is exempt
from Federal taxation under section 501(c)(3) of the Internal
Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 1 et seq.),
and which enrolls children who are two years four months of age
and older.
"Staff person." An individual who may be counted for
purposes of compliance with the staff-to-child ratios required
by this article. The term includes a director, primary caregiver
or aide and may also include an individual who meets those
qualifications but does not receive compensation for the
individual's services.
Section 1303-B. Duties of religious child development
facilities.
(a) Child protective services law.--A religious child
development facility shall comply with applicable provisions of
this act and of 23 Pa.C.S. Ch. 63 (relating to child protective
services) relating to obtaining criminal background and child
abuse checks for employees and for reporting child abuse.
(b) Health and safety requirements.--A religious child
development facility shall comply with all laws relating to the
health and safety of the children enrolled therein that are
applicable to those nonpublic, nonlicensed religious schools
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that are described in section 1327(b).
(c) Affidavit.--The administrator or chief executive officer
of a religious child development facility shall file an initial
affidavit with the department attesting to the facility's
compliance with the requirements of this section and shall file
a supplemental affidavit for any change or amendment to the
initial filing.
Section 1304-B. Duties of religious child-care facilities.
(a) Child protective services law.--A religious child-care
facility shall comply with applicable provisions of 23 Pa.C.S.
Ch. 63 (relating to child protective services), including
requirements for obtaining criminal background and child abuse
checks for employees and for reporting child abuse.
(b) Staffing.--
(1) A religious child-care facility shall be supervised
by a director and shall have:
(i) One or more persons who hold a current
certificate of completion of pediatric first aid training
at the facility when children are in care.
(ii) At least one person at the facility who holds a
current certificate of completion of training in infant
and child cardiopulmonary resuscitation (CPR) when a
child, whose physician has determined that the child is
at increased risk for needing heart resuscitation, is in
care at the facility.
(2) All children shall be directly supervised by a staff
person. With respect to children under five years of age,
direct supervision requires that staff be in the same room or
child-care area with the children and be able to see, hear
and assess the supervised children without use of a
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monitoring device. While such children are using the toilet,
direct supervision shall be satisfied if staff is able to
hear the children.
(3) A religious child-care facility shall provide one
staff person for every four children who are from birth to
one year of age; one staff person for every five children who
are between one and two years of age; and one staff person
for every six children between two and three years of age.
All children shall be directly supervised by a staff person.
(4) (i) When children are swimming or wading, the
religious child-care facility shall provide one staff
person for every child from birth to one year of age; one
staff person for every two children who are between one
and three years of age; one staff person for every five
children between three and six years of age; and one
staff person for every eight school-age children.
(ii) If children are in mixed age groups with no
children younger than three years of age in care, the
staff ratio applicable for the majority of children at
the same age in care shall apply.
(iii) Parents and adult volunteers who are present
where the swimming or wading occurs may be counted for
purposes of determining water safety ratios.
(iv) At least one person certified in lifeguard
training must be present when children are swimming.
(5) When children above the age of 12 months are napping,
a staff person may provide care for twice the number of such
children which would otherwise be allowed by the ratio
applicable to them.
(c) Affidavit from facility.--
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(1) A religious child-care facility shall annually file
an affidavit with the department which states the following:
(i) The name, address and telephone number of the
facility.
(ii) The name and address of the religious entity or
entities that control, operate or supervise the facility,
or with which the facility is affiliated.
(iii) The name of the director or chief
administrator of the facility.
(iv) That the facility is in compliance with
applicable Federal and State civil rights statutes.
(2) A religious child-care facility shall file an
amended affidavit with the department within 30 days if any
information contained in the affidavit, which previously was
submitted, changes.
(3) The department may not charge religious child-care
facilities a fee for filing the affidavit required under this
section.
Section 1305-B. Autonomy of religious child-care and child
development facilities.
(a) Department.--Except as set forth in this article, the
department has no authority over, nor shall it attempt to
exercise authority over, a religious child-care facility or
religious child development facility.
(b) Commonwealth and political subdivisions.--Except as set
forth in this article, neither the Commonwealth nor any
political subdivision has authority over, nor shall either
attempt to exercise authority over, the program, curriculum,
ministry, staff qualifications, staffing requirements,
principles of religious development or religious formation,
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teaching or instruction offered in a religious child-care
facility or religious child development facility.
(c) Employment and admissions.--Neither the Commonwealth nor
any political subdivision may interfere with the liberty of a
religious child-care facility or religious child development
facility to apply religious criteria in the employment or
selection of individuals who serve as staff or administrators in
the facility or with the liberty of a religious child-care
facility or religious child development facility to establish
and apply religious criteria in the admission to, or the
retention of, children in the facility's program.
(d) Preemption.--
(1) A religious child-care facility or religious child
development facility shall not be subject to any requirements
of, or regulations issued under, the act of June 13, 1967
(P.L.31, No.21), known as the Public Welfare Code, relating
to child care facilities. Nor shall a religious child-care
facility or religious child development facility that is
subject to this article be subject to any ordinances or
regulations adopted by any political subdivision relating to
the operation of child-care facilities.
(2) A religious child-care facility or religious child
development facility shall comply with generally applicable
State statutes and regulations relating to health and safety
promulgated by the Department of Agriculture, the Department
of Environmental Protection, the Department of Health, the
Department of Labor and Industry, the Department of
Transportation or by any political subdivision, and with
generally applicable health and safety requirements or
generally applicable building and zoning requirements adopted
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by a political subdivision.
(3) (i) A religious child-care facility or religious
child development facility shall comply with applicable
regulations promulgated by the department relating to
inspection and compliance with the provisions of this
article.
(ii) Nothing in this article shall be construed to
grant the department the authority to require a religious
child-care facility or religious child development
facility to obtain a license or other form of
certification as a precondition to its operation or its
continued operation.
(4) Nothing in this article shall be construed to
prevent a religious child-care facility or religious child
development facility from voluntarily obtaining a certificate
of compliance or license from the Department of Public
Welfare under the Public Welfare Code in lieu of filing
pursuant to this article and of complying with this article.
Section 1306-B. Penalties.
A person commits a misdemeanor of the second degree if, with
intent to mislead a public servant in performing his official
function, the person makes a knowingly false statement in an
affidavit required to be filed by this article.
Section 1307-B. Eligibility for governmental assistance.
(a) General rule.--A religious child care facility or
religious child development facility that files an affidavit
under this article and is in substantial compliance with this
act shall be deemed an eligible provider of child-care services
for which Federal, State or local assistance is available to
parents; Provided, however, that no such assistance shall be
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deemed to be assistance to the facility itself.
(b) Limitation.--No agency of the Commonwealth may submit
any State plan to the Federal Government for funding of child-
care services which would limit the ability of religious child-
care facility or religious child development facilities to
accept certificates, vouchers or other forms of disbursement
provided to parents for child-care services unless such limits
are expressly required by Federal law.
Section 1308-B. Regulations.
(a) General rule.--Upon the effective date of this section,
the State Board of Education, in consultation with the
department, Department of Public Welfare, Department of Labor
and Industry and other interested parties shall promulgate
regulations pursuant to the act of June 25, 1982 (P.L.633,
No.181), known as the Regulatory Review Act, to further provide
for the implementation of additional health and safety measures
that are necessary for religious child development facilities
and religious child-care facilities.
(b) Inspections.--The department is authorized to use the
inspection services of the Department of Public Welfare in
carrying out any inspections required under this article.
Section 3. This act shall take effect in 60 days.
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