An Act amending the act of June 13, 1967 (P.L.31, No.21), known as the Human Services Code, in departmental powers and duties as to licensing, providing for child care center attendance eligibility.

HOUSE AMENDED
PRIOR PRINTER'S NOS. 823, 987 PRINTER'S NO. 1223
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 766
Session of
2025
INTRODUCED BY BROWN, FONTANA, STEFANO AND DUSH, MAY 22, 2025
AS REPORTED FROM COMMITTEE ON CHILDREN AND YOUTH, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 8, 2025
AN ACT
Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
act to consolidate, editorially revise, and codify the public
welfare laws of the Commonwealth," in departmental powers and
duties as to licensing, providing for child care center
attendance eligibility; and abrogating a regulation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Article X of the act of June 13, 1967 (P.L.31,
No.21), known as the Human Services Code, is amended by adding a
subarticle to read:
(e) Child Care Center
Section 1090. Attendance Eligibility.--(a) Notwithstanding
55 Pa. Code § 3270.3a (relating to applicability-statement of
policy), 55 Pa. Code Ch. 3270 (relating to child care centers)
shall not apply to a part-day school-age program for children
who meet any of the following:
(1) Who, ninety days before the beginning of the upcoming
school year, are eligible to attend kindergarten in the upcoming
school year, as defined by the local school district's age
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
requirements.
(2) Are attending kindergarten and are under sixteen years
of age.
(b) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"Part-day school-age program." A program that operates for
less than ninety consecutive days per calendar year from the
date the program opens to the date the program closes.
Section 2. The provisions of 55 Pa. Code § 3270.3a are
abrogated insofar as they are inconsistent with the addition of
section 1090 of the act.
Section 3. This act shall take effect immediately.
(E) CHILD CARE CENTER
SECTION 1090. ATTENDANCE ELIGIBILITY.--NOTWITHSTANDING 55
PA. CODE § 3270.3A (RELATING TO APPLICABILITY-STATEMENT OF
POLICY), 55 PA. CODE CH. 3270 (RELATING TO CHILD CARE CENTERS)
DOES NOT APPLY TO A PART-DAY SCHOOL-AGE PROGRAM THAT MEETS ALL
OF THE FOLLOWING CRITERIA:
(1) THE PROGRAM OPERATES FOR LESS THAN NINETY CONSECUTIVE
DAYS IN A CALENDAR YEAR, MEASURED FROM THE DATE THE PROGRAM
OPENS TO THE DATE THE PROGRAM CLOSES.
(2) THE PROGRAM PROVIDES CARE TO CHILDREN WHO, AS OF NINETY
DAYS PRIOR TO THE START OF THE UPCOMING SCHOOL YEAR, ARE
ENROLLED IN KINDERGARTEN IN THE UPCOMING SCHOOL YEAR, AS
DETERMINED UNDER THE AGE REQUIREMENTS ESTABLISHED BY THE LOCAL
SCHOOL DISTRICT.
(3) THE PROGRAM IS REGISTERED WITH THE DEPARTMENT OF HEALTH
AS AN ORGANIZED CAMP.
SECTION 2. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
20250SB0766PN1223 - 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