STATEMENTS OF POLICY
Title 55--PUBLIC WELFARE
DEPARTMENT OF PUBLIC WELFARE
[55 PA. CODE CHS. 3270 AND 3280]
Certification of Part-Day Programs for School-Age Children
[37 Pa.B. 5018]
[Saturday, September 15, 2007]Scope
This statement of policy applies to child day care centers and group child day care homes.
Purpose
The purpose of this statement of policy is to clarify the applicability of the Department of Public Welfare's (Department's) regulations in Chapters 3270 and 3280 (relating to child day care centers; and group child day care homes) with regard to part-day programs for school-age children.
Discussion
Sections 902(3) and 1002 of the Public Welfare Code (code) (62 P. S. §§ 902(3) and 1002) provide that the Department is mandated to supervise and license child care centers. Sections 911(a)(1) and 1021 of the code (62 P. S. §§ 911(a)(1) and 1021) provide definitions of ''child day care'' and ''child day care center'' and provide the Department the authority to promulgate regulations for the supervision and licensure of child care centers. See § 3270.4 (relating to definitions).
Section 1001 of the code (62 P. S. § 1001) defines ''child day care'' and ''child day care center.'' ''Child day care'' is defined as ''care in lieu of parental care given for part of the twenty-four hour day to children under sixteen years of age, away from their own homes, but does not include child day care furnished in places of worship during religious services.'' ''Child day care center'' is defined as ''any premises in which child day care is provided simultaneously for seven or more children who are not relatives of the operator, except such centers operated under social service auspices.''
The Department's regulations for child care centers and group child care homes address the applicability of Chapters 3270 and 3280 in §§ 3270.3 and 3280.3 (relating to applicability). Sections 3270.3 and 3280.3 provide which facilities are required to comply with the regulations and which facilities are not.
Programs for school-age children have expanded in scope and direction over the past several years in efforts to meet the needs of school-age children and their families. As a result, the Department recognized the need to clarify the applicability of the child care regulations with regard to part-day programs for school-age children.
The Department's Office of Child Development and Early Learning formed a work group to explore the definition of ''school-age child care'' in response to ongoing questions about which school-age child care programs are required to comply with the regulations for child care centers or group child care homes. The work group included representatives from school districts, nonprofit agencies, advocacy groups, child care providers, the Department of Education and the Department. The work group's mission was to develop recommendations that would be transparent and objective to aid the Department in fulfilling its statutory responsibilities for the oversight of school-age child care.
In developing its recommendation, the work group used as a basis the concept of ''care in lieu of parental care'' in the definition of ''child day care'' in the code and determined that this concept represents a transfer of responsibility from the parent to the caregiver when the child attends the program. The work group also identified two other objective factors to be used in the determination of a school-age child care program: 1) whether the child is free to come and go from the program without parental permission; and 2) whether the program purpose is to focus on one activity or on the care and development of the whole child.
The group recommended criteria for determining whether a part-day school-age program for children who attend kindergarten or older but under 16 years of age is subject to the Department's regulations in Chapters 3270 and 3280. Based on the work group's recommendation, the Department interprets that the regulations in Chapters 3270 and 3280 are not applicable to the following programs:
1. A part-day school-age program that operates for less than 90 consecutive days per calendar year from the date the program opens to the date the program closes. This clarification does not apply to a legal entity that has a certificate of compliance to operate a child care center or group child care home and that increases its enrollment to include school-age children in the summer and on school holidays.
2. A part-day school-age program that operates 2 hours or less per day for 3 or fewer days per week.
3. A part-day school-age program that has a single purpose for the children's attendance and that purpose is the only focus of the program (for example, basketball or art class).
4. Tutoring programs that are licensed by or approved and funded by the Department of Education, for example:
* Tutoring centers and educational testing and remedial centers licensed by the Department of Education under 22 Pa. Code Chapters 61 and 63 (relating to tutoring centers; and educational testing and remedial centers).
* Educational assistance programs operated by school districts directly or by contract with an outside provider approved by the Department of Education.
* Classroom Plus Programs.
* Supplemental Education Services Programs.
5. A drop-in program where the child may come and go at will.
Effective Date
This statement of policy is effective upon publication in the Pennsylvania Bulletin.
Contact Person
Comments and questions regarding this statement of policy should be directed to Susan Harrison, Division ofRegulatory Administration, Bureau of Certification Services, Office of Child Development and Early Learning, (717) 346-9320.
ESTELLE B. RICHMAN,
Secretary(Editor's Note: Title 55 of the Pennsylvania Code is amended by adding statements of policy in §§ 3270.3a and 3280.3a to read as set forth in Annex A.)
Fiscal Note: 14-BUL-075. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 55. PUBLIC WELFARE
PART V. CHILDREN, YOUTH AND
FAMILIES MANUAL
Subpart D. NONRESIDENTIAL AGENCIES, FACILITIES AND SERVICES
ARTICLE I. LICENSING/APPROVAL
CHAPTER 3270. CHILD DAY CARE CENTERS
GENERAL PROVISIONS § 3270.3a. Applicability--statement of policy
This chapter is not applicable to a part-day school-age program for children who attend kindergarten or older but under 16 years of age follows:
(1) A part-day school-age program that operates for less than 90 consecutive days per calendar year from the date the program opens to the date the program closes. This clarification does not apply to a legal entity that has a certificate of compliance to operate a child care center or group child care home and that increases its enrollment to include school-age children in the summer and on school holidays.
(2) A part-day school-age program that operates 2 hours or less per day for 3 or fewer days per week.
(3) A part-day school-age program that has a single purpose for the children's attendance and that purpose is the only focus of the program. For example, basketball or art class.
(4) Tutoring programs that are licensed by or approved and funded by the Pennsylvania Department of Education (PDE), for example:
(i) Tutoring centers and educational testing and remedial centers licensed by PDE under 22 Pa. Code Chapters 61 and 63 (relating to tutoring centers and educational testing; and remedial centers).
(ii) Educational assistance programs operated by school districts directly or by contract with an outside provider approved by PDE.
(iii) Classroom Plus Programs.
(iv) Supplemental Education Services Programs.
(5) A drop-in program where the child may come and go at will.
CHAPTER 3280. GROUP CHILD DAY CARE HOMES
GENERAL PROVISIONS§ 3280.3a. Applicability--statement of policy
This chapter is not applicable to a part-day school-age program for children who attend kindergarten or older but under 16 years of age as follows:
(1) A part-day school-age program that operates for less than 90 consecutive days per calendar year from the date the program opens to the date the program closes. This clarification does not apply to a legal entity that has a certificate of compliance to operate a child care center or group child care home and that increases its enrollment to include school-age children in the summer and on school holidays.
(2) A part-day school-age program that operates 2 hours or less per day for 3 or fewer days per week.
(3) A part-day school-age program that has a single purpose for the children's attendance and that purpose is the only focus of the program. For example, basketball or art class.
(4) Tutoring programs that are licensed by or approved and funded by the Pennsylvania Department of Education (PDE), for example:
(i) Tutoring centers and educational testing and remedial centers licensed by PDE under 22 Pa. Code Chapters 61 and 63 (relating to tutoring centers; and educational testing and remedial centers).
(ii) Educational assistance programs operated by school districts directly or by contract with an outside provider approved by PDE.
(iii) Classroom Plus Programs.
(iv) Supplemental Education Services Programs.
(5) A drop-in program where the child may come and go at will.
[Pa.B. Doc. No. 07-1698. Filed for public inspection September 14, 2007, 9:00 a.m.]
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