COMMONWEALTH OF PENNSYLVANIA HOUSE OF REPRESENTATIVES

EDUCATION COMMITTEE HEARING

STATE CAPITOL HARRISBURG, PA

IRVIS OFFICE BUILDING G-50

TUESDAY, OCTOBER 2 9, 2 013 10:06 A.M.

PRESENTATION ON HB 1588 RELIGIOUS EDUCATIONAL FACILITIES

BEFORE: HONORABLE PAUL CLYMER, MAJORITY CHAIRMAN HONORABLE RYAN AUMENT HONORABLE HONORABLE KATHY RAPP HONORABLE MIKE REESE HONORABLE HONORABLE DAN TRUITT HONORABLE JAMES ROEBUCK, JR., DEMOCRATIC CHAIRMAN HONORABLE MIKE CARROLL HONORABLE JAMES CLAY HONORABLE SCOTT CONKLIN HONORABLE PATRICK HARKINS

Pennsylvania House of Representatives Commonwealth of Pennsylvania 2

ALSO IN ATTENDANCE: REPRESENTATIVE

COMMITTEE STAFF PRESENT: DAVID TRANSUE MAJORITY SENIOR EDUCATION ADVISOR KAREN SEIVARD MAJORITY SENIOR LEGAL COUNSEL JUDY M.D. SMITH MAJORITY ACTING EXECUTIVE DIRECTOR JONATHAN BERGER MAJORITY RESEARCH ANALYST ELIZABETH MURPHY MAJORITY RESEARCH ANALYST EILEEN KRICK MAJORITY LEGISLATIVE ADMINISTRATIVE ASSISTANT MIKE BIACCHI MAJORITY STAFF

CHRIS WAKELEY DEMOCRATIC EXECUTIVE DIRECTOR APRIL EDWARDS DEMOCRATIC LEGISLATIVE ASSISTANT 3

I N D E X

TESTIFIERS

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NAME PAGE

REPRESENTATIVE STAN SAYLOR PRIME SPONSOR OF HB 1588 ...... 6

PHIL MURREN, ESQ. LEGAL COUNSEL, PA CATHOLIC CONFERENCE...... 8

SEAN McALEER DIRECTOR OF EDUCATION, PA CATHOLIC CONFERENCE...... 13

REV. THEODORE CLATER, Pd.D. EXECUTIVE DIRECTOR, KEYSTONE CHRISTIAN EDUCATION ASSOCIATION...... 14

THOMAS J. SHAHEEN VICE PRESIDENT FOR POLICY, PENNSYLVANIA FAMILY INSTITUTE...... 19

JEN DeBELL GOVERNMENT RELATIONS DIRECTOR, PENNSYLVANIA PARTNERSHIPS FOR CHILDREN...... 45

DIANE BARBER DIRECTOR, PENNSYLVANIA CHILD CARE ASSOCIATION...... 50

SUBMITTED WRITTEN TESTIMONY

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(See submitted written testimony and handouts online.) 4

1 P R O C E E D I N G S

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3 MAJORITY CHAIRMAN CLYMER: Well, good morning,

4 everybody. I ’d like to welcome you to the House Education

5 public hearing this morning. W e ’re going to be looking at

6 House Bill 1588, that legislation dealing with religious

7 educational facilities.

8 House Bill 1588 provides for the general

9 oversight of religious educational facilities, which

10 include religious prekindergarten schools, preschools,

11 nursery schools, before-school and after-school programs,

12 including school vacation programs generally for children

13 two years and seven months or older.

14 And so to begin today’s agenda, the Chair

15 welcomes Representative Stan Saylor, who is the prime

16 sponsor of House Bill 1588. Representative Saylor, as you

17 take your chair there, I want to just have the Members of

18 the Committee introduce themselves so that our other guests

19 know who they are looking for. I know you know the

20 Members, but beginning to my right, I ’m going to have staff

21 introduce themselves as well.

22 Karen.

23 MS. SEIVARD: Good morning. I ’m Karen Seivard,

24 Legal Counsel to House Republican leadership.

25 MS. SMITH: Good morning. Judy Smith, Executive 5

1 Director for the House Education Committee.

2 MAJORITY CHAIRMAN CLYMER: Paul Clymer, Chairman.

3 MINORITY CHAIRMAN ROEBUCK: Representative Jim

4 Roebuck, Democratic Chairman.

5 MR. WAKELEY: Chris Wakeley, Executive Director

6 for Democratic Chairman Jim Roebuck.

7 REPRESENTATIVE CARROLL: Mike Carroll, Luzerne

8 and Monroe Counties.

9 REPRESENTATIVE TALLMAN: Will Tallman, Adams and

10 York Counties.

11 REPRESENTATIVE TRUITT: Dan Truitt from Chester

12 County.

13 REPRESENTATIVE RAPP: Cathy Rapp, Warren, Forest,

14 McKean Counties.

15 REPRESENTATIVE AUMENT: Ryan Aument, Lancaster

16 County.

17 REPRESENTATIVE REESE: Mike Reese, Westmoreland

18 and Fayette Counties.

19 REPRESENTATIVE GROVE: Seth Grove, York County.

20 REPRESENTATIVE CONKLIN: Scott Conklin, Centre

21 County.

22 REPRESENTATIVE HARKINS: , 1st

23 District, Erie.

24 MAJORITY CHAIRMAN CLYMER: The Chair thanks

25 everyone for introducing themselves. This program is being 6

1 recorded so I think it’s important for the viewing audience

2 to see who the players are and who the Members of the

3 Committee are.

4 At this time the Chair recognizes Representative

5 Saylor for comments on his legislation.

6 REPRESENTATIVE SAYLOR: Thank you, Mr. Chairman,

7 and Committee Members for being here today.

8 As you’re aware, due to concerns raised by

9 constituents, I ’ve introduced legislation similar to House

10 Bill 1588 in prior sessions, as well as other Members have,

11 in order to protect the integrity of religious educational

12 facilities. But despite the fact that many Members agree

13 with what w e ’re trying to do, it got held up due to some

14 technical issues that kept each side of the issue from

15 agreeing on a solution. I ’m happy to say that at this time

16 we have reached a conceptual framework that I believe will

17 allow schools and churches that provide preschool and

18 after-school programs to continue offering religious

19 educational choices for families who want their children to

20 be raised with the same traditional values with which they

21 were raised.

22 Religious freedom is part of the bedrock on which

23 America was founded and it’s enjoyed in even a more special

24 place in the heritage here in Pennsylvania. William Penn

25 and the Quakers founded this province of Pennsylvania in 7

1 1681 largely based on religious freedom. The family of

2 late Governor George Leader, a York County native, was

3 originally from Germany and came to America in the 1750s to

4 escape religious persecution in Europe.

5 The problem has been that by using the Department

6 of Public Welfare, some in State Government have sought to

7 license and regulate these preschools and after-school

8 programs far beyond the simple health and safety standards

9 that are within the Department’s purview. They even went

10 so far as pursuing legal cases against some of these

11 programs. My legislation makes it clear that the program

12 content and curriculum of religious education are not to be

13 interfered with by the government.

14 In House Bill 1588 it upholds the right of

15 government to maintain regulations governing the health and

16 safety of children within religious educational facilities.

17 And I want to make that clear. We do not want this

18 legislation to interfere with health and safety issues in

19 any religious or other daycares.

20 The bottom line is that the right of parents and

21 families to educate children and their faith is protected

22 by our Constitutional right of freedom of religion and it

23 must be preserved.

24 Thank you, Mr. Chairman.

25 MAJORITY CHAIRMAN CLYMER: The Chair thanks the 8

1 gentleman for his testimony and now will proceed with our

2 first group of testifiers.

3 And the Chair at this time welcomes Phil Murren,

4 who is the Legal Counsel for the Pennsylvania Catholic

5 Conference; Sean McAleer, who’s Director of Education,

6 Pennsylvania Catholic Conference; the Reverend Theodore

7 Clater, Executive Director of the Keystone Christian

8 Education Association; and Thomas Shaheen, Vice President

9 for Policy, the Pennsylvania Family Institute. You may

10 join us at the front here.

11 And if you have prepared testimony, you may read

12 that testimony and then the Members of the Committee will

13 ask you questions accordingly. So as you begin your

14 presentation, if each of you would introduce yourself for

15 the viewing audience.

16 MR. MURREN: Thank you, Mr. Chairman.

17 I am Philip Murren. I am an attorney with the

18 law firm of Ball, Murren & Connell in Camp Hill,

19 Pennsylvania. We have been counsel to the Pennsylvania

20 Catholic Conference, or PCC, throughout the 45-year course

21 of this controversy over the proper scope and proper

22 limitations of DPW authority over the religious educational

23 ministries that regulate as child cares.

24 PCC has always maintained that while it accepts

25 and applauds all reasonable regulations and enforcement in 9

1 matters of health and safety, it seeks statutory guarantees

2 against overreaching by secular governmental authorities

3 into constitutionally sensitive areas of religious concern

4 such as program or educational content or the inculcation

5 of religious values.

6 Current DPW regulations that explicitly empower

7 its individual inspectors to subjectively assess matters

8 beyond health and safety and what are essentially religious

9 educational ministries are a clear signal that DPW does not

10 share our view that its statutory authority is not

11 currently confined to matters of health and safety.

12 For example, DPW’s regulations currently require

13 its inspectors to evaluate whether the educational program

14 of a preschool adequately promotes the emotional,

15 cognitive, communicative, and social development of the

16 children. Its inspectors are also authorized to assess

17 whether a religious ministry is properly promoting the

18 proper socialization of children, including the development

19 of social competence and self-esteem. Further, these

20 inspectors are directed by the regulations to judge the

21 effectiveness of the ministry’s program in meeting the

22 needs of the children and accommodating the dynamics of the

23 group.

24 Not only are these mandated subjects of

25 government standards intrusive, they are inherently 10

1 subjective, infused with value judgments, and infinitely

2 elastic. Religious entities properly take alarm when their

3 religious freedoms and their very right to exist are made

4 to depend upon the sufferance of government.

5 This General Assembly has already addressed a

6 similar situation with respect to K-12 educational

7 ministries. In 1986, the General Assembly adopted

8 amendments to the compulsory attendance law that limited

9 the authority of the State Board of Education over church-

10 affiliated K-12 schools. Until the adoption of those

11 amendments, Section 1327 of the School Code had conferred

12 blank-check authority on the State Board of Education to

13 require that religious schools adhere to all of the

14 subjects and activities prescribed by the standards of the

15 State Board of Education.

16 Even though the State Board of Education had not

17 enforced its regulations against religious schools through

18 compulsory attendance prosecutions to that point, the

19 General Assembly recognized the need to prevent such

20 administrative overreaching by adopting the 1986 amendments

21 that assured that litigation would not be necessary in

22 order to preserve the schools’ religious liberties.

23 House Bill 1588 would enact the same guarantees

24 of government restraint with respect to the direct or

25 effective control of program content and the inculcation of 11

1 religious values in preschools and other religious

2 educational ministries, as were adopted in 1986 for the

3 church-affiliated K-12 schools. House Bill 1588 would

4 place statutory limits on the ability of the State to

5 inhibit the religious liberties of church-operated

6 prekindergartens, preschools, summer schools, and before­

7 school and after-school programs.

8 Under this legislation, governmental agencies

9 would be prohibited from mandating the course or program

10 content, curriculum, faculty qualifications, staff

11 qualifications, training of staff or students, or the

12 principles of religious development or principles of

13 spiritual formation of staff or students in any of these

14 particular educational ministries without the consent of

15 that ministry.

16 The Bill expressly states that this protective

17 legislation does not prohibit the State from doing any of

18 the following:

19 • Requiring background checks of staff

20 • Mandating the reporting of child abuse

21 • Adopting or enforcing any regulations that

22 protect the physical health or safety of

23 students or that prevent any dangerous or

24 unsanitary conditions 12

1 • Imposing any staff training requirements or

2 staff/child ratios that are necessary to

3 prevent threats to the physical health or

4 safety of students or that prevent

5 unsanitary or dangerous conditions

6 • Requiring that a protected educational

7 facility submit to annual or emergency

8 inspections

9 • Requiring that an educational facility

10 comply with any and all requirements of any

11 program under which that facility receives

12 governmental financial assistance

13 • Requiring compliance with any and all State

14 and municipal mandates relating to building,

15 zoning, or to health and safety

16

17 The definitional elements of the Bill would limit

18 its protections for before-school and after-school programs

19 to those that operate for no more than five hours per day,

20 that are attended by students of the school on whose

21 premises the latchkey program is operated, and that are

22 staffed by the regular classroom teachers or staff members

23 of that school.

24 The prekindergarten programs that are protected 13

1 under this Bill would be those that operate for a minimum

2 of 2-1/2 hours per day and not more than 6 hours per day

3 with the exception that programs that are operated on the

4 premises of a religious school may operate for a maximum of

5 7 hours per day if that period coincides with the regular

6 instructional day of the affiliated school.

7 PCC and other similarly situated church groups

8 have worked in close cooperation with legislative sponsors

9 and other interested parties to try to craft a Bill that

10 does not in any way inhibit the authority of the State to

11 assure the health and safety of children, while at the same

12 time protecting the religious aspects of these ministries

13 from being subjected to government control.

14 Thank you, Mr. Chairman.

15 MAJORITY CHAIRMAN CLYMER: The Chair thanks the

16 gentleman.

17 And the next testifier.

18 MR. McALEER: Thank you, Chairman Roebuck and

19 Chairman Clymer, for allowing us to testify today and

20 having us here.

21 I didn't provide written testimony because Phil

22 basically spoke for the Pennsylvania Catholic Conference.

23 But what I did want to hit on is I also supplied some other

24 written testimony from PA CAPE and from another group ACSI.

25 And they also support the legislation. And I ’m just here 14

1 to answer questions. So thank you very much and talk to

2 you soon.

3 MAJORITY CHAIRMAN CLYMER: Our next testifier is

4 Reverend Clater. Do you want to introduce yourself before

5 you begin your testimony?

6 REVEREND CLATER: Chairman Clymer, Mr. Chairman

7 Roebuck, and Members, I am Ted Clater of Keystone Christian

8 Education Association, and I testify today as you’ve

9 requested. The topic is House Bill 1588 and you’ve given

10 us some requests as to what you hope that each of us will

11 accomplish.

12 Legislation is not created in a vacuum and that

13 includes this Bill. From my perspective, the events of the

14 past decades that bring us to this point might be

15 summarized by the following few statements:

16 1. In June 13, 1967, two laws were enacted as

17 part of the Welfare Code. Article IX, governmental powers

18 and duties as to supervision, addressed nonpublic

19 institutions and provided for involvement in matters of

20 health and safety. Article X, departmental powers and

21 duties as to licensing, addressed for-profit institutions

22 and is virtually unlimited in its potential reach.

23 2. The Department of Public Welfare embraced a

24 one-size-fits-all set of regulations, including a licensing

25 mechanism titled a Certificate of Compliance. 15

1 3. There has been diversity of opinion as to

2 what should be included in the DPW one-size-fits-all

3 standards. Some have advocated a very expansive role.

4 Some have advocated their perspectives of childrearing and

5 education. Some have advocated inclusion of specific

6 requirements about which they felt strongly. Some have

7 advocated that the State should control curriculum and

8 impose their definition of "quality" care rather than just

9 imposing "minimum standards." Yes, and some of us have

10 argued that Article IX disallows government from going

11 beyond commonsense health and safety at religious

12 institutions.

13 4. Many religious institutions have objected to

14 regulation ideas that have been perceived to threaten the

15 liberties of religious institutions to offer their

16 historically distinctive religious perspectives of guiding

17 children to adulthood.

18 5. Over past decades, officials at DPW have

19 issued cease-and-desist orders to church ministries in far-

20 removed places from Allegheny, Burks, Centre, Lancaster,

21 Perry, Somerset, York, and other counties. The facilities

22 have not been accused of violations of standards of health

23 and safety of the children but of refusing to accept the

24 license to conduct their ministries. Their conscience

25 disallowed them from giving civil government virtual blank- 16

1 check authority over their teaching ministries as the

2 certificate required.

3 6. Representative Clymer and others on both

4 sides of the aisle have been concerned with the health and

5 safety of children and youth but also concerned that

6 government not foment conflict with legitimate pluralism

7 and diversity as found in religious institutions.

8 Legislative Bills have been introduced and several have

9 seen committee action, including a two-day hearing that was

10 back in ’99. These Bills have typically attempted to list

11 the commonsense legitimate ways and areas for government

12 responsibility at religious institutions. However,

13 beginning about three years ago, the focus has been upon

14 listing areas where government is precluded from asserting

15 responsibility.

16

17 House Bill 1588, along with its companion Bill

18 Senate Bill 1030, does not solve the ongoing debate over

19 the manner by which DPW seeks to blur the differences

20 between Article IX and Article X. However, House Bill 1588

21 does present a "package" which there appears to be

22 agreement with the private sector.

23 Four points:

24 1. The activities covered by this Bill do not

25 inflame fears that religious institutions may place 17

1 businesses or for-profit or nonprofit providers at a

2 financial disadvantage.

3 2. These types of educational activities are

4 conducted in public schools and licensed private schools

5 without DPW licensing.

6 3. Religious institutions which have conscience

7 objections before God that preclude the granting of a

8 government license to engage in the listed types of

9 teaching ministries for their communities, families, and

10 students are given relief.

11 4. The children are protected in matters of

12 health and safety in the covered institutions as it would

13 be at any similar secular institution.

14

15 This Bill tracks the approach mentioned by Phil

16 Murren previously of Act 178 of 1986, which there I just

17 summarize that these deal with religious elementary and

18 secondary schools and where parental rights in the

19 institutions are protected.

20 The School Code appears to be a logical location

21 for the language of this proposal and 1588. Act 178’s

22 language is in Section 1327. Each of the types of

23 ministries addressed in HB 1588 is education laden. The

24 covered activities at these religious institutions are

25 analogous to the activities conducted by public schools or 18

1 licensed private schools, and these are all part of the

2 School Code.

3 As to the health and safety of students attending

4 the ministries covered by HB 1588, it is clearly our intent

5 to expect the students to be just as protected as if they

6 were to attend a public school or licensed private academy

7 for an analogous activity. Several departments specialize

8 in protections ranging from transportation to background

9 checks to drinking water to buildings and egress, and we

10 believe their responsibility extends to the activities of

11 the preschools, the summer and extended-care programs, et

12 cetera, that are addressed in this Bill.

13 On behalf of the KCEA, I endorse 1588 and urge

14 each of you to support it both in matters relating to this

15 hearing and towards timely passage. Additionally, I

16 continue to receive reports from individual religious

17 churches and schools and groups of churches, pastors, and

18 schools that support 1588. And I attached several letters

19 to the testimony that I have given to you.

20 Please be assured of my continued interest in

21 answering any questions that arise in this hearing or in

22 the days ahead. Thank you for extending me the opportunity

23 to testify today.

24 MAJORITY CHAIRMAN CLYMER: The Chair thanks the

25 gentleman and recognizes our final testifier, Mr. Shaheen. 19

1 MR. SHAHEEN: Well, good morning. And thank you,

2 Chairman Clymer and Chairman Roebuck, Members of the

3 Committee, for this opportunity.

4 I am Tom Shaheen, Vice President of the

5 Pennsylvania Family Institute. We are a statewide

6 nonprofit organization based in Harrisburg which focuses on

7 policies and cultural trends that impacts families. Much

8 like when a factory or shopping center is built and an

9 environmental impact study is required, we at the

10 Pennsylvania Family Institute analyze public policies for

11 their affect on the most basic building block of our

12 society, the family. We are a voice for those who are too

13 seldom heard in the public policy debate, the voice of

14 families, the voice of parents. Thank you for this

15 opportunity to bring their voice to you today.

16 Religious instruction, religious education, and

17 the faith, values, and nurturing that undergird it are the

18 core of what many parents want and choose for their young

19 children every day across our Commonwealth. Historically,

20 there is diversity in this instruction and that diversity

21 is reflective of our pluralistic society. Also, such

22 religious instruction has brought many benefits to society.

23 It should then be of concern to this General

24 Assembly that in recent years, actually decades, some

25 families and religious institutions have experienced 20

1 conflicts with the Department of Public Welfare over

2 department regulations and expectations. We should do all

3 that we can to preserve the choices of families regarding

4 the religious education of their young children. Let’s

5 protect parental choices and options for parents who know

6 their children best.

7 As stated in House Bill 1388, "it is the policy

8 of the Commonwealth to preserve the primary right and the

9 obligation of the parent or parents or person or persons in

10 loco parentis to a child to choose the education and

11 training for such child." And we agree. Government should

12 not impose a one-size-fits-all philosophy of childrearing.

13 Let’s protect religious liberty for parents and their

14 children and the ministries that serve them.

15 House Bill 1588 continues, "It is likewise the

16 policy of the Commonwealth to avoid imposing substantial

17 burdens on the religious liberties of educational

18 ministries without compelling justification." And again,

19 we agree.

20 Pennsylvania already has similar protections in

21 place for families and students who choose to utilize

22 Pennsylvania’s religious kindergarten, elementary schools,

23 and high schools. This Committee can benefit by observing

24 Act 178 of 1986, as that legislation has successfully

25 provided protections for both families and the institutions 21

1 that serve those families in grades K through 12.

2 House Bill 1588 is needed now to extend these

3 same religious freedom protections for families that choose

4 to use religious preschools and before- and after-school

5 programs. It is just as important that these early

6 childhood educational programs remained free from

7 unwarranted governmental intrusion even while maintaining

8 the highest standards of health and safety.

9 On behalf of the 60,000 families we represent

10 statewide, we respectfully ask this Committee and the

11 General Assembly to pass House Bill 1388 into law without

12 delay. Thank you.

13 MAJORITY CHAIRMAN CLYMER: The Chair thanks the

14 gentleman and will open the Committee Members to ask

15 questions.

16 I do have a few thoughts. Mr. Shaheen, you

17 expressed some of the concerns I had and as you all have,

18 quite frankly, and that is parents make the decision to

19 choose as to whether or not they want to have their child

20 go into a pre-K school. And would you say that these

21 prekindergarten schools are based on, because it’s a

22 ministry of the church, that they’re very popular that

23 parents want their child to be in that type of an

24 environment?

25 I will ask you first because, as you had 22

1 mentioned and setting an example, we do environmental

2 impacts on land because we want the land to be wholesome

3 and clear of any impurities. At the same time, does it not

4 make sense for the parents put their child into more of a

5 protective setting? Your thoughts on that?

6 MR. SHAHEEN: Well, you know, we certainly

7 acknowledge that there’s plenty of room for government to

8 regulate health and safety, and I think as far as parents,

9 the choices are based on -- certainly every parent wants

10 their child to be safe. So they are concerned about health

11 and safety regardless of whether it’s religious or not.

12 But they’re also making a choice to choose that educational

13 ministry typically because they share their values and

14 maybe because it’s in a more convenient location in the

15 city or in their neighborhood. I mean parents are choosing

16 religious education in urban areas, rural areas, suburban

17 areas, so it’s not even peculiar to one area.

18 But typically, it’s because they share their

19 values, and so our concern is that the parents’ choice,

20 because of the values and because they see it as a quality

21 place to leave their children, a place they can trust, that

22 that choice may end up being eliminated if everything is

23 standardized and the regulations are such that every

24 preschool is the same. Then, those choices are limited.

25 The distinctives I guess is I would call it of that choice 23

1 are gone, are eliminated.

2 MAJORITY CHAIRMAN CLYMER: And I ’ll go to Phil

3 Murren for the next question, and that is this is a

4 learning process as well. The children, when they go to

5 these schools, are learning. They may learn the religious

6 values of that particular entity, but they’re also learning

7 academics as well, they’re learning the alphabet, to do

8 things that help prepare them when they go into the first

9 and second grades. I mean they’re already receiving a

10 foundation so that they can move forward. And I think

11 that’s important as well, I mean, when you consider the

12 overall package that w e ’re looking at here.

13 MR. MURREN: Absolutely, Mr. Chairman. We were

14 counsel in the St. Elizabeth case and we had the

15 opportunity to develop a factual record in that case that

16 really established the nature and mission of all of the

17 religious ministries that were involved in that particular

18 litigation.

19 And the one thing that struck me was how much

20 these churches are aware not only of the transmission of

21 substantive content but the transmission of values and

22 aspects of how you treat others. And those things start

23 for churches at very early stages of development. And I

24 can speak to the Catholic tradition that the goal of these

25 ministries is to support the parents in the formation of 24

1 the Christian personality with the understanding that there

2 is a distinctive Christian personality, Catholic Christian

3 personality for the Catholics and for other denominations

4 with their distinctives. But that personality is developed

5 from very early stages.

6 MAJORITY CHAIRMAN CLYMER: And, Mr. Clater, I

7 guess I will give you this question, and that is to tie

8 into what I just heard from Attorney Murren is that they

9 are learning to get along with other children at a very

10 early age. I mean we here in the General Assembly are

11 dealing with such issues as drug abuse, alcohol abuse,

12 bullying, you name it. There is a whole range of social

13 problems that w e ’re trying to address, and having these

14 children learn some very basic values, getting along with

15 each other, enjoying the time that they are in that

16 prekindergarten class, I mean that bodes well. And the

17 parents want that and that is why they are willing to have

18 their child in that setting.

19 And also it’s my understanding that the schools

20 that sponsor these prekindergarten, they have programs for

21 the public that the public can attend to see how the

22 children are maturing or growing, so it’s not as though

23 it’s closed because it has a religious application, but

24 simply they want to show the public here’s what w e ’re

25 doing. Here’s something that we are very proud of. So 25

1 enough. Your thoughts?

2 REVEREND CLATER: The evangelical community all

3 through our State is on Main Street, USA. Just as they are

4 very open and hoping to minister to people on Sunday

5 through church services, they are just as open on Monday

6 through Friday as they do things such as prekindergartens.

7 It is very typical for the parents to pop in at any point

8 in time to see what's happening in the programs so that

9 there is that unique wedding of a staff working together

10 with parents towards the well-being of those children and

11 well-being of communities. So it is very open. It is very

12 accessible.

13 And the typical church today is very open for

14 others that would be intrigued with what's happening there

15 and would that offering of that church be of assistance to

16 my family, whether they be adults, teenagers, all the way

17 on down through children, very open.

18 MAJORITY CHAIRMAN CLYMER: The Chair thanks the

19 gentleman, at this time recognizes Representative Carroll

20 for questions.

21 REPRESENTATIVE CARROLL: Thank you, Mr. Chairman.

22 Thank you, gentlemen, for your testimony.

23 It seems to me from what I'm hearing that this is

24 a prospective exercise. I didn't hear or read in any of

25 the testimony any examples of the Department influencing 26

1 the content of the instruction. Am I correct in that

2 assessment?

3 MR. MURREN: Well, I think you’ll see in the ACSI

4 testimony some anecdotal evidence of some visits by

5 inspectors in which there was some conflict over what was

6 being done and conflict.

7 But you’re correct, Representative Carroll, in

8 characterizing this as trying to head off for the most part

9 what could be untoward circumstances. If you have a law,

10 for example, that said that the government shall license

11 all newspapers and review the content of all editorials

12 before they are published, I don’t think that the press

13 community would receive that very well, even though the

14 government may never have refused to approve an editorial.

15 It’s the relationship between government and the church,

16 the separation of church and state allowing the maximum

17 freedom of the church over the sensitive areas of religious

18 content and inculcation of religious values so that we want

19 to head off those ugly incidents where the law would allow

20 an inspector to come in and try to assert subjective

21 judgments over sensitive areas.

22 REPRESENTATIVE CARROLL: Sort of contrary to the

23 whole voter ID exercise when I think about it. I know it

24 has nothing to do with the subject of this hearing, but we

25 seem to be heading in the opposite direction when it comes 27

1 to voting in this State with respect to imposing additional

2 barriers and regulation and registration when it comes to

3 voting. I find a little irony in that whole transaction.

4 The second question is the whole concept of

5 licensing. What I think I ’m hearing, then, is these

6 organizations that you represent and others are looking to

7 be absolved of the requirement to be licensed by DPW. Is

8 that the essence of what’s happening here?

9 MR. MURREN: This Bill would not preclude DPW

10 from requiring that it certify compliance with all of its

11 health and safety regulations even before the ministry is

12 allowed to operate. So it doesn’t really solve the whole

13 theoretical question about licensing and government

14 authority over the right to exist, but as long as

15 government’s authority is confined to health and safety,

16 then this Bill would not preclude government from requiring

17 certification prior to operation.

18 REPRESENTATIVE CARROLL: Okay. Fair enough.

19 Well, it seems to me the test here really goes back to the

20 U.S. Supreme Court case Everson and that is that the State

21 power is no more to be used as to handicap religious

22 institutions as it is to favor them. And I think that that

23 really is the balancing act that we have to comply with

24 with respect to how w e ’re going to treat the entities that

25 you folks represent. 28

1 So thank you very much.

2 MR. MURREN: Thank you.

3 MAJORITY CHAIRMAN CLYMER: The Chair thanks the

4 gentleman and recognizes Representative Tallman.

5 REPRESENTATIVE TALLMAN: Thank you, Mr. Chairman.

6 I’m going to start with Mr. Murren and I ’m

7 probably going to slide over to Mr. Clater.

8 And first, I would like to thank Representative

9 Saylor. My freshman year he let me have his Bill, which is

10 similar, little differences, but Representative Saylor has

11 been at the forefront of this and I thank him for that.

12 St. Elizabeth case, and you may feel sorry for

13 them, I read all of it all the way back to the Supreme

14 Court taking it back to Commonwealth Court, et cetera. And

15 I was bored that night, how’s that? But anyway, I think

16 it’s 800 sections of the DPW code, is that correct, where

17 those rules and regulations are on curriculum and staff, et

18 cetera?

19 MR. MURREN: If you add up all of the major

20 sections and subsections, you can probably come pretty

21 close to that.

22 REPRESENTATIVE TALLMAN: Okay. We have to

23 compromise and 1588 is kind of getting us out of what

24 happens because those sections of the DPW code I find

25 offensive if I were a religious institution that was 29

1 operating a daycare, which happened in the St. Elizabeth

2 case. Does that get us out of those regs, 1588, or are

3 they still in place?

4 MR. MURREN: It would create a barrier within the

5 regulations. Any of the regulations that relate to health

6 and safety would not be affected one bit. But if DPW

7 sought to apply the regulations relating to the assessment

8 of the emotional and social development of the children in

9 these educational ministries -- and remember, this doesn't

10 apply to any child below the age of two years, seven

11 months. That was just a product of the negotiation, the

12 compromise between the affected parties. But it would

13 preclude DPW from enforcing any of those regulations that

14 transgress beyond health and safety.

15 REPRESENTATIVE TALLMAN: And just to kind of

16 clarify what Representative Carroll said, wasn't the

17 St. Elizabeth case essentially a conflict between what DPW

18 wanted to happen at St. Elizabeth versus what the Catholic

19 Conference wanted to happen?

20 MR. MURREN: Well, St. Elizabeth's began when DPW

21 issued a cease-and-desist letter.

22 REPRESENTATIVE TALLMAN: Right.

23 MR. MURREN: The Catholic Conference and KCEA and

24 other evangelical bodies had, over time, when DPW

25 inspectors would show up and say you can't operate without 30

1 our credential, without our Certificate of Compliance, our

2 license, that immediately created legal conflict, a

3 conflict of conscience, because these ministries knew that

4 by accepting the credential, they were accepting and

5 acquiescing in DPW’s claimed authority to go beyond health

6 and safety, and the problem of a prior restraint issue as a

7 legal issue of the licensing in and of itself.

8 So we tried to join the issue immediately in St.

9 Elizabeth’s to say we will accept anything that you would

10 like to require of us with respect to health and safety,

11 but if your Certificate of Compliance necessarily means

12 that we are acquiescing in your authority to dictate or

13 influence or control our program content or other

14 religiously sensitive aspects, then we cannot accept your

15 Certificate of Compliance. And so therefore, DPW issued a

16 cease-and-desist order so that the legal issues could be

17 teed up for decision through the administrative and then

18 the court process.

19 REPRESENTATIVE TALLMAN: So I guess we have had

20 conflict over -- it was much more encompassing than just

21 the licensing issue because if we would allow the DPW

22 license, they would have dictated curriculum, they would

23 have dictated who you could have as staff, et cetera,

24 right?

25 MR. MURREN: That was-- 31

1 REPRESENTATIVE TALLMAN: I mean can I make that

2 characterization?

3 MR. MURREN: The potential was there for all of

4 that. The DPW inspectors come in with a checklist and the

5 checklist tracks the regulations, and they have to certify

6 that you’re in compliance with the DPW regulations not only

7 with respect to health and safety but all of those other

8 things that I mentioned about social development, social

9 competence, self-esteem.

10 REPRESENTATIVE TALLMAN: Okay. Then real quick

11 for Mr. Clater, by the way, I see you have a letter from

12 Paul Connor. Tell him hi for me.

13 But just give me an estimate on what would be the

14 number of religious schools that are in place in

15 Pennsylvania, daycare, and actually K-12? I mean do you

16 have any idea? Or maybe you can joint tell me. But I ’m

17 trying to think of what impact this would have on how many

18 schools---

19 REVEREND CLATER: Department of Ed would know the

20 total number. That would be in the directory of K to 12

21 and all of those institutions. If you’re speaking directly

22 as to how many might be impacted with this, it’s very

23 difficult for us to know. I believe in the hearings in ’99

24 we estimated that there very well could be 400 at that

25 point in time that were in jeopardy of being issued a 32

1 cease-and-desist order. As to whether that number holds

2 for today, I would guess that it might be lower than that

3 in large part because the significant cost of litigation

4 has forced any number of religious schools and churches to

5 abandon any thought of operating ministries to children

6 like those that would be handled in 1588. Rather than face

7 the prospect of litigation, they have had to have children

8 go without those ministries.

9 So we really don’t know for sure how many are out

10 there today and it would be very difficult to assess how

11 many might be out ministering with children if they did not

12 have the problem of conscience that is forced upon them

13 because of the actions of DPW.

14 REPRESENTATIVE TALLMAN: Thank you.

15 MAJORITY CHAIRMAN CLYMER: The Chair thanks the

16 gentleman and recognizes Representative Grove.

17 REPRESENTATIVE GROVE: Thank you, Mr. Chairman.

18 Anybody feel free to answer this question on the

19 panel. The scope of this is to take a small subset of

20 before-school, after-school programs, prekindergarten,

21 preschool, nursery school that meet a very narrow scope

22 definition, move them, at least their curriculum aspects,

23 out of whether it’s out and put protections under the

24 department of public education to protect your curriculum

25 for religious education, correct? 33

1 MR. MURREN: Yes, that would be an accurate

2 characterization.

3 REPRESENTATIVE GROVE: Okay. And the criteria of

4 this was negotiated so the five hours per day premises of a

5 religious school within the before- or after-school

6 program, the two to six hours per day for at least 60 days

7 up to seven hours per week, all that was negotiated with

8 stakeholders, correct?

9 MR. MURREN: That’s correct.

10 REPRESENTATIVE GROVE: Okay. As far as

11 inspectors coming in, and it’s not unique to hear this not

12 only from daycares but through other entities across the

13 Commonwealth, depending on what inspector you have for what

14 day and what area of the State you are, you could have

15 different outcomes of that inspection. Is that still true

16 today in the Commonwealth of Pennsylvania?

17 MR. MURREN: There’s always the potential

18 whenever you have human beings armed with what are not the

19 most precise of standards to apply.

20 REPRESENTATIVE GROVE: Yes. I hear that a lot,

21 especially coming from nursing homes, entities that own

22 nursing homes in multiple areas across the State. They

23 could have inspectors come in and site different issues,

24 although they try to use the same standards across the

25 Commonwealth. So maybe some department heads can set up 34

1 some standards statewide to push the regulations to make

2 sure they’re standardized and we don’t have different

3 outcomes based on who is going in there to provide some

4 consistency for entities licensed. Obviously, it’s a

5 statewide license so we shouldn’t have those issues still

6 today. But apparently we still do.

7 I appreciate it. Thank you, Mr. Chairman.

8 Hopefully, we can move this legislation posthaste.

9 MAJORITY CHAIRMAN CLYMER: The Chair thanks the

10 gentleman and recognizes Chairman Roebuck.

11 MINORITY CHAIRMAN ROEBUCK: Thank you,

12 Mr. Chairman.

13 Reverend Dr. Clater, there is a portion of your

14 testimony I wanted to just go to and ask if I could get

15 some clarification on it, and it’s on to the second page in

16 the item #3, which says "religious institutions which have

17 conscious objections before God that preclude the granting

18 of a governmental license to engage in listed types of

19 teaching ministries for their communities, families and

20 students are given relief." Could you give me an example

21 of what w e ’re talking about here?

22 REVEREND CLATER: What I was attempting to do in

23 a few words is that if the prekindergartens, these before-

24 and after-school care programs at religious schools that

25 are summer schools at this point in time, are at this 35

1 moment under the umbrella of DPW and thus we believe that

2 they face in these conscience problems of DPW having the

3 potential to interfere with the teaching that goes on in

4 those prekindergartens, before- and after-school cares and

5 all of those things. If we, through 1588, bring that over

6 so that they are protected with the language of 1588,

7 they’re so protected for health and safety but the teaching

8 ministries at these prekindergartens, these before- and

9 after-school cares, the religious institutions can go ahead

10 and do their teaching without running afoul of DPW regs.

11 MINORITY CHAIRMAN ROEBUCK: Okay. And the course

12 of the testimony there’s been a distinction drawn between

13 health and safety and religious values. And as a

14 Christian, certainly I have real trouble with the things in

15 Christian teaching that negatively impact upon me as an

16 African-American, those Christians who teach that blacks

17 are in fact inherently inferior and reference it to the

18 Bible, particularly to the story of Noah and his sons, or

19 those who also teach the things like interracial marriage

20 are somehow condemned because that is a somehow beyond the

21 scope of what is accepted Christian value, how do you then

22 encompass this in terms of this level at which you’re

23 influencing very, very young children and in some cases

24 inculcating them with these types of teachings that I would

25 argue are inherently not only un-Christian but certainly 36

1 strike at the very values of the Nation that we live in?

2 REVEREND CLATER: My first reaction to that would

3 be your and my generation.

4 MINORITY CHAIRMAN ROEBUCK: Absolutely.

5 REVEREND CLATER: Some of the teaching

6 illustrations that you gave I believe are probably far more

7 prevalent than they are today. I know I have seen

8 significant changes in the teachings of diverse

9 congregations on those exact types of issues. They were

10 much more prevalent back when you and I were kids than

11 today. And I believe that is a very good moderating force.

12 I think I would also throw over to the attorney

13 that I don’t doubt that there is some point in time when a

14 civil government does step in. The only illustration I can

15 think of at this point in time would be there are some

16 folks deeply religious who do not engage in care of

17 medicine as you and I would know it. And everything I

18 would understand as a layman, there are ways that the

19 courts have found to deal with those things for the

20 betterment of society.

21 MINORITY CHAIRMAN ROEBUCK: I would certainly

22 concede that there were more prevalent but they have not

23 entirely been purged from existence either. There are

24 still colleges that provide interracial dating that are

25 Christian-based. So my concern is that this doesn’t open a 37

1 door or prevent some kind of intervention that only puts us

2 toward the total termination of that kind of value which I

3 think certainly is captured or inculcated in religious

4 teaching, which is not in reality what I would consider---

5 REVEREND CLATER: I understand.

6 MINORITY CHAIRMAN ROEBUCK: -- really what is

7 proper religion. Proper is not the right word--

8 REVEREND CLATER: Yes.

9 MINORITY CHAIRMAN ROEBUCK: ---but what is not

10 what I would think is the standard of what should be

11 religious teaching.

12 REVEREND CLATER: Mr. Chairman, I ’m not familiar

13 myself with any colleges at this point that, for example,

14 actively teach against interracial dating at this point.

15 Now, there are some that I know taught that until a decade

16 or two or three ago, but I ’m not aware of any at this point

17 in time. There could be some out there.

18 MINORITY CHAIRMAN ROEBUCK: Well, I don’t want to

19 get into that argument. I mean we could certainly go back

20 and forth on that, but I just want to make sure that what

21 w e ’re doing here is not providing a means for that kind of

22 thing, whatever it is, to---

23 REVEREND CLATER: It’s clearly not--

24 MINORITY CHAIRMAN ROEBUCK: ---gain governmental

25 sanction at this point. I mean we live in certainly a 38

1 turbulent world. Lots of things are happening in our

2 society which certainly raises serious questions in my mind

3 as to where we're going. And I would like to be confident

4 that in adopting this we're not opening a way for some of

5 the less desirable aspects of religious teaching to be

6 given government sanction.

7 REVEREND CLATER: Clearly, I don't believe that

8 there's any sanctioning that government would be giving to

9 any religion through any of these things. And clearly, I

10 would not even want to have a religious person to have to

11 pass judgment on somebody else's religious exercises as

12 they rear their children.

13 MINORITY CHAIRMAN ROEBUCK: Okay. Thank you.

14 MR. MURREN: Mr. Chairman, could I just add one

15 point to that?

16 MAJORITY CHAIRMAN CLYMER: You are recognized,

17 yes.

18 MR. MURREN: In the definitions in the Bill, the

19 only ministries that are protected are those that are

20 recognized as tax-exempt under Code IRC Section 501(c)(3),

21 and there is a provision denying tax exemption to racially

22 discriminatory institutions under Section 501(c)(3). So I

23 believe that what you're suggesting might happen really has

24 a barrier against that drafted into the Bill.

25 MINORITY CHAIRMAN ROEBUCK: Okay. Thank you. 39

1 MR. McALEER: And, Mr. Chairman, can I add

2 something?

3 MAJORITY CHAIRMAN CLYMER: So recognized.

4 MR. McALEER: Sure. In the Catholic schools,

5 Mr. Chairman, some of our populations are 90 percent

6 African-American, and we have never taught that. And I

7 know you know that but I just wanted to comment on it.

8 Thank you.

9 MAJORITY CHAIRMAN CLYMER: I think that’s a good

10 point. I was going to make that point, too, that these

11 prekindergartens, they’re so diversified today---

12 MR. McALEER: Absolutely.

13 MAJORITY CHAIRMAN CLYMER: -- and that’s welcomed

14 by the church. They want that diversification in the

15 school.

16 MR. McALEER: Yes, it is.

17 MAJORITY CHAIRMAN CLYMER: And also I know some

18 of the children that I ’m aware of that are in a

19 prekindergarten school, they’re taught this and I ’m sure

20 w e ’ve all learned it. Red and yellow, black and white, all

21 are precious in his sight.

22 MR. McALEER: Right.

23 MAJORITY CHAIRMAN CLYMER: So I think that’s a

24 good thing that they work by.

25 At this time, the Chair recognizes Representative 40

1 Conklin.

2 REPRESENTATIVE CONKLIN: I want to thank you,

3 Mr. Chairman.

4 And please forgive me but, Mr. Murren, you made a

5 comment I found interesting, and the reason I found it

6 interesting is that when you invoke the separation of

7 church and state, I normally hear that invoked by folks

8 other than the religious community into it. And so just

9 out of my own curiosity, not a loaded question, could you

10 please just elaborate on your thinking of the separation?

11 Again, it’s not a loaded question. I just found it rather

12 interesting when you invoked separation that, to be honest

13 with you, I ’ve never heard it used through the religious

14 community as a reason for separation. So if you could just

15 elaborate on the reasoning behind that just for my own

16 curiosity. I ’d appreciate it.

17 MR. MURREN: Certainly. Well, I ’ve been involved

18 in practicing constitutional law and First Amendment law of

19 religion clauses specifically since I began in 1975. So

20 I’ve been steeped in this for my entire professional

21 career. The separation of church and state is really a

22 shorthand phrase. It’s not a precise legal phrase. It’s

23 meant to sum up the impact or the effect, the intended

24 effect of two separate legal clauses in the First Amendment

25 to the United States Constitution, the Free Exercise Clause 41

1 and the Establishment Cause. And Thomas Jefferson coined

2 the phrase church/state separation. Both of those clauses

3 are meant to assure that government and religion do not

4 control one another. And there has to be a healthy balance

5 between the two.

6 In modern times, the areas that the church was

7 traditionally involved in, especially the social and

8 educational ministries, it was their exclusive province

9 when the religion clauses were first adopted. State-run

10 educational institutions and charities, agencies, social

11 welfare organizations really came after the church-run

12 educational institutions and social welfare institutions.

13 And government operates by the coercive force of

14 law, and so it has to some extent displaced or exerted

15 sovereignty over what had been in their genesis religious

16 ministries. So there’s an historical aspect to it all and

17 we see through the evolution of time more and more

18 government assertion of its will, its goals, its

19 objectives, its values, and that’s where w e ’re trying to

20 come again, draw a wall into this law that would preclude

21 government from overstepping into what started out as, and

22 really want to be maintained as, areas of religious

23 concern.

24 REPRESENTATIVE CONKLIN: Thank you.

25 Thank you, Mr. Chairman. 42

1 MAJORITY CHAIRMAN CLYMER: The Chair thanks the

2 gentleman and recognizes Representative Rapp.

3 REPRESENTATIVE RAPP: Thank you, Mr. Chairman.

4 I wanted to comment on what Representative

5 Roebuck stated if you don’t mind. I can’t pretend to know

6 what slavery was really all about as a person of color

7 would understand, but I do know that through the actions of

8 Wilberforce in England and John Newton, who wrote "Amazing

9 Grace” who was in the slave trade, who came from the

10 founding of Christian principles, that they were

11 instrumental in England in ending slavery. And I think

12 everybody is familiar with the song "Amazing Grace" written

13 by John Newton, who was very instrumental in ending that

14 horrible blight on any nation’s history.

15 And I also want to state, as a woman, I believe

16 that Christianity, through the teachings of Jesus, when the

17 woman was caught in adultery, who actually couldn’t have

18 been there by herself without some man being involved, that

19 Jesus elevated women. And I am very thankful for that,

20 that in this country, through the actions of Judeo

21 Christians, that women have the right to vote and even have

22 the right to sit here in this legislature, as well as any

23 person of color.

24 But away from that, I wanted to say that I have

25 constituents who teach in the public preschools and I see 43

1 that they are increasingly concerned about the curriculum

2 that they are asked to teach through Federal programs and

3 through public education programs. Especially people of

4 faith who are teaching in those programs, they are

5 increasingly concerned about the direction of where our

6 Nation is going in distancing itself from our Judeo-

7 Christian values. And I applaud you for the paragraph

8 where you stated, "the child is not the mere creature of

9 the State. Those who nurture him and direct his destiny

10 have the right, coupled with a high duty, to recognize and

11 prepare him for additional obligations."

12 Just recently, I had about 10 just-turned

13 teenager boys at my home who all go to a Christian school.

14 You know what I noticed about those boys? Their

15 politeness. There wasn’t one swear word that was mouthed

16 in my home. And I was just amazed at their behavior. And

17 I applaud people who will take the time and energy and the

18 money, the church and religious institutions, to provide an

19 alternative for our children in this culture today.

20 So I applaud you for your testimony. I certainly

21 applaud Representative Stan Saylor for his legislation and

22 support it. So thank you for your testimony.

23 MAJORITY CHAIRMAN CLYMER: The Chair thanks the

24 gentlelady.

25 And that concludes the testimony and the 44

1 questions asked by the Committee. So I thank you for being

2 here this morning and joining us in this very important

3 legislation on House Bill 1388. The Chair thanks each of

4 the gentleman for being with us this morning.

5 Our next panel of testifiers is Jen DeBell, the

6 Government Relations Director, Pennsylvania Partnerships

7 for Children; and Diane Barber, Director of the

8 Pennsylvania Child Care Association.

9 As you make your way to the table and to the

10 microphones, the Chair would like to make an announcement,

11 and that is that this will be the last panel we will have

12 before us this morning. Carolyn Dumaresq, Secretary of

13 Education; and Beverly Mackereth, Secretary of the

14 Department of Public Welfare; and representatives from the

15 Governor’s office have asked to be excused because of

16 certain reasons, but have committed themselves to working

17 in a very positive way to move this legislation through the

18 legislative process. And the Chair accepts that

19 recognition and their sincerity and their willingness to be

20 cooperative as we look at this legislation. So I wanted to

21 make Members of the Committee aware of this change in the

22 agenda.

23 So at this time, the Chair will recognize our two

24 testifiers here this morning.

25 Would you introduce yourselves as you give your 45

1 testimony?

2 So we will start with Jen.

3 MS. DeBELL: Good morning, Chairmen Clymer,

4 Roebuck, Committee Members and staff. I'm Jen DeBell, a

5 Government Relations Director for Pennsylvania Partnerships

6 for Children, a statewide, independent, non-partisan and

7 nonprofit child advocacy organization committed to

8 improving the education, health, and well-being of children

9 in the Commonwealth. PPC's vision is to make Pennsylvania

10 one of the top 10 States in the Nation to be a child and to

11 raise a child. Thank you for the opportunity to testify

12 before the Committee today on House Bill 1588.

13 As you know, there has been a long-term effort on

14 behalf of some faith-based organizations to enact

15 legislation to establish a separate and less stringent set

16 of child care health and safety rules for religious child

17 care facilities. The issue also has been litigated, as we

18 have discussed previously through the St. Elizabeth's Child

19 Care Center v. Department of Public Welfare court case,

20 which upheld the Department of Public Welfare's authority

21 to require a Certificate of Compliance for all child care

22 facilities. There was also a ruling that the child care

23 certification regulations do not infringe upon religious

24 liberties.

25 PPC opposes efforts to establish separate rules 46

1 for religious child care facilities, believing all children

2 in child care settings deserve the same level of

3 protections regardless of the type of program that they

4 attend. At the same time, PPC appreciates efforts by these

5 groups to make it clear that a religious curriculum may be

6 taught in a child care setting.

7 Over the last year, PPC met with representatives

8 of the Pennsylvania Catholic Conference, the Keystone

9 Christian Education Association, and the Pennsylvania

10 Family Institute to better understand each other’s

11 positions on these issues and to see if there were areas in

12 which a compromise could be reached. The Pennsylvania

13 Child Care Association and the Early Care and Education

14 Consortium, organizations representing early learning

15 providers, also participated in these meetings. This

16 effort was encouraged by Senator Corman and his staff.

17 PCC, KCEA, and the Family Institute made it clear

18 their concerns no longer were focused on child care

19 programs, but instead on ensuring that prekindergarten and

20 before- and after-school child care provided at K-12

21 religious schools no longer fell under the jurisdiction of

22 DPW’s child care regulations. Based on this information,

23 PPC, PACCA, and ECEC developed a framework under which we

24 could support legislation to make it clear these programs

25 no longer fell under the jurisdiction of DPW’s regulations 47

1 and instead would be under the jurisdiction of the

2 Department of Education. The parameters of our framework

3 are as follows:

4 1. All services provided to children from birth

5 to age two years, seven months old should be excluded from

6 the legislation. The age limit aligns with the State Board

7 of Private Academic Schools entry age for nursery school

8 and ensures that infant and toddler child care programs are

9 excluded and continue to fall under the DPW regulations.

10 Therefore, religious child care providers caring for

11 infants and toddlers still would have to be certified by

12 DPW to operate lawfully in the Commonwealth.

13 2. Prekindergarten, preschool, or nursery school

14 programs operated by a religious education facility shall

15 operate no more than six hours per day and be supervised by

16 PDE under similar standards as those applicable to

17 parochial schools under the nonpublic school components of

18 the Pennsylvania School Code. The six-hour operation limit

19 is aligned with the limitation in operating hours by the

20 State Board of Private Academic Schools standards for

21 nursery schools. Programs which operate beyond the six

22 hours are currently referred to DPW, as they would be

23 considered child care facilities.

24 3. Before- and after-school programs operated by

25 a religious education facility for children enrolled in 48

1 K-12, operating no more than five total hours per day,

2 enrolling only children attending the religious education

3 facility during the traditional school day, and staffed

4 using the same individuals employed by the religious

5 education facility would be exempt from DPW child care

6 certification. Currently, all before- and after-school

7 programs are considered child care and are regulated by

8 DPW.

9 4. Only programs in full compliance with child

10 care certification and all related regulations shall be

11 eligible to receive child care assistance and child care

12 services funding. Only programs in compliance with Federal

13 and State requirements for Head Start shall be eligible to

14 receive Head Start Supplemental Assistance Program funding.

15 Only programs in full compliance with Pre-K Counts

16 statutory, regulatory, and program guidance shall be

17 eligible to receive Pre-K Counts funding. And all future

18 funding streams will be limited to programs in full

19 compliance with all State and Federal statutes,

20 regulations, and program guidance unless otherwise stated

21 in statute. This provision ensures programs receiving

22 government funding are all following the same rules.

23

24 This framework was agreed to by the faith-based

25 organizations and presented to Senator Corman’s staff. 49

1 Legislation was drafted by the religious organizations and

2 introduced by Senator Corman as Senate Bill 1030 and by

3 Representative Saylor as House Bill 1588.

4 While we agree to a framework that aligns with

5 State oversight of private nursery schools under PDE

6 auspices, it is important to note that the health and

7 safety requirements governing these programs are not as

8 stringent as DPW child care regulations. We were

9 comfortable with this as a compromise position as our State

10 already allows private, part-day nursery schools to operate

11 in this manner.

12 PPC initially supported this legislation until it

13 was made clear the Bill did not actually provide adequate

14 authority for PDE’s jurisdiction over religious pre-k and

15 before- and after-school programs for children in K-12

16 religious schools, which was the intention of our

17 agreement. PDE supervision is critical for PPC to support

18 this legislation, as it would safeguard against additional

19 debate or court battles over what constitutes health and

20 safety provisions in a DPW-regulated child care program.

21 As we negotiated the Bill contents, we all agreed that DPW

22 should have no role in these preschool and before- and

23 after-school facilities. Unfortunately, the legislative

24 language didn’t accomplish this agreement.

25 If House Bill 1588 is amended to make it clear 50

1 these programs fall under PDE’s jurisdiction and the other

2 facets of our agreement remain, PPC will support the Bill.

3 We have articulated this position to Representative Saylor,

4 Senator Corman, the faith-based groups and the

5 Administration. We appreciate Representative Saylor’s and

6 Senator Corman’s support to find a solution to a long­

7 standing issue and their patience as all of our collective

8 organizations have worked on a compromise.

9 Thank you again for the opportunity to testify

10 today.

11 MS. BARBER: Good afternoon -- or good morning, I

12 should say, lost in time.

13 Chairman Clymer, Chairman Roebuck, and the

14 Committee, thank you for inviting me to testify today. My

15 name is Diane Barber. I am the Director of the

16 Pennsylvania Child Care Association, otherwise known as

17 PACCA, a statewide nonprofit association with a diverse

18 membership base that includes organizations and individuals

19 with a professional and business interest in early care and

20 education.

21 PACCA exists to be a strong and effective voice

22 for quality early care and education programs, to give

23 leadership and support to those organizations, and to

24 assist the early childhood education community, families,

25 and children in the Commonwealth of Pennsylvania. 51

1 Our nearly 1,800 members include center, group,

2 and family child care providers employing nearly 20,000

3 staff and caring for over 200,000 children aged birth

4 through school-age each day. Our membership includes those

5 programs that are structured as either for profit,

6 nonprofit, as well as faith-based organizations.

7 Approximately 20 percent of PACCA’s members have a faith-

8 based affiliation.

9 PACCA’s membership also includes individuals,

10 organizations, and businesses that provide services or

11 products to the child care provider community.

12 Many our members provide pre-K programs. In fact

13 over 38 percent of direct grants for Pre-K Counts are held

14 by PACCA members. Additionally, PACCA members partner with

15 Head Start, school districts, and others to implement Pre-K

16 Counts programs.

17 PACCA believes that parents should have choices

18 when it comes to the care and education of their children.

19 Faith-based programs play an integral role in supporting

20 families and their children. However, to ensure

21 consistency between faith-based and secular programs,

22 requirements and regulations should apply equally to all

23 children, without regard to the provider’s status: profit,

24 nonprofit, public, private, religious or nonreligious.

25 For over a year we have been meeting with the 52

1 Pennsylvania Catholic Conference, the Keystone Christian

2 Education Association, PPC, and others. It’s not always

3 been an easy process. There has been a lot of give-and-

4 take on both sides. W e ’ve cited the St. Elizabeth's court

5 case. I ’ve been not around since the beginning but have

6 been around for a pretty long time in that conversation.

7 Through our discussions we agreed, as Jen

8 outlined, to specific components of what we were talking

9 about. First, we agreed that w e ’re not talking about child

10 care. And I ’m very specific about that. W e ’re not talking

11 about child care. We are talking about pre-K and pre-K as

12 described by the length of the day, the ages of the

13 children served. And we also agreed that in order to be

14 eligible for public funding, whether it’s Pre-K Counts, Had

15 Start, or subsidized child care, a program, regardless of

16 being secular or faith-based, must comply with the

17 requirements of those programs.

18 It was our understanding that the programs that

19 we ’re talking about today operate under the Private

20 Academic Schools Act and as such fell under the purview of

21 the Pennsylvania Department of Education, not under the

22 auspices of the Department of Public Welfare. A recent

23 download from the Department of Education’s own website

24 indicates there are 950 licensed private academic schools

25 in Pennsylvania, over 2,000 nonpublic, nonlicensed schools, 53

1 and an additional nearly 1,100 nonpublic, nonlicensed

2 schools. What we don't have, although I have a printout,

3 is how many of those schools are K-12, nursery, or others.

4 But we're talking about a significant group, block of

5 programs that fall under this Act. This is nearly 4,000

6 private schools operating across the Commonwealth.

7 In our discussions with the partners that came to

8 the table, we also agreed that before- and after-school

9 programs operated by a religious education facility, could

10 preside before- and after-school care under the auspices of

11 this Bill. It's not unlike a public school district

12 providing extended day programs. That's where we fell, and

13 some of which choose to apply for DPW licensing and others

14 choose not to.

15 The proposed legislation addresses the academic

16 preschool programs and again not child care. As such,

17 supervision of these facilities would fall under the

18 Department of Education and not the Department of Public

19 Welfare. However, this legislation does not prevent a

20 faith-based preschool program or a before- and after-school

21 program from seeking certification from the Department of

22 Public Welfare. A number of PACCA's own members are both

23 certified by the Department of Public Welfare and licensed

24 by the Department of Education.

25 Again, I thank you, Chairman Roebuck and Chairman 54

1 Clymer, and the Committee for this opportunity to testify

2 and comment.

3 MAJORITY CHAIRMAN CLYMER: If you could just hold

4 for one second, please.

5 There is a Member, Representative Truitt, for

6 questions.

7 REPRESENTATIVE TRUITT: Thank you, Mr. Chairman.

8 And thank you both for your testimony.

9 I was just wondering, and as I read your

10 testimony, a lot of our discussion today has been a bit

11 abstract. W e ’re talking about who’s got control, who

12 regulates who. Can you give me a concrete example, a real-

13 world example of what you are concerned might happen if we

14 pass this legislation? What harm could be done? And give

15 me an example.

16 MS. BARBER: Actually, we support the

17 legislation.

18 REPRESENTATIVE TRUITT: Okay.

19 MS. BARBER: And having the auspices of

20 supervision of faith-based preschools fall under the

21 Department of Education as we interpret the private

22 academic school licensing rules within these guidelines,

23 and these guidelines are the same for a private academic

24 nursery school. So we have time, we have ages of children.

25 Those are the criteria. We are not talking about child 55

1 care, and child care meaning infants through school-age for

2 10 plus hours a day. We are talking about a very specific

3 program type.

4 REPRESENTATIVE TRUITT: We are putting all these

5 restrictions on a certain number of hours per day and so

6 forth. Let’s say we decided collectively that longer

7 school days and longer school years would be a good thing

8 for our kids and the Catholic schools want to do the same

9 thing, they wanted to lengthen their school day,

10 particularly for their pre-K programs. What are we worried

11 is going to happen if the program is seven hours long

12 instead of six?

13 MS. BARBER: I think w e ’re talking about those

14 4,000 programs that are licensed under the Private Academic

15 School Code and will we apply equitably supervision to

16 those programs also? So I guess what w e ’re trying to do is

17 fit what we see as defined as private preschool within

18 existing regs. And if we’re to monitor faith-based

19 programs, then we need to look at the entire constituency

20 that are licensed under the Private Academic Schools Act

21 to apply regulations to provide supervision and monitoring

22 equitably among all those programs. So I don’t know that

23 that answers your question but---

24 REPRESENTATIVE TRUITT: No, because we are still

25 talking abstracts. 56

1 MS. BARBER: I kind of answered around it.

2 REPRESENTATIVE TRUITT: Yes.

3 MS. BARBER: I guess one of the things, the give-

4 and-take back and forth was trying to legislate around the

5 "what if" and are we legislating around the "what if" or

6 are we looking to do what’s in the best interest of

7 children and families and other organizations that are

8 providing similar services? So any changes to rules and

9 regulations have a system with which to review. Whether

10 it’s the State Board, Private Academic School Board,

11 whether it’s the legislative review process, this is

12 something that the General Assembly would legislate. So I

13 mean I guess that would be the extension. If it changed,

14 if we had extended day, then we would need to revisit.

15 REPRESENTATIVE TRUITT: Okay.

16 MAJORITY CHAIRMAN CLYMER: The Chair thanks the

17 gentleman---

18 REPRESENTATIVE TRUITT: Thank you, Mr. Chair.

19 MAJORITY CHAIRMAN CLYMER: -- and recognizes

20 Representative Carroll.

21 REPRESENTATIVE CARROLL: Thank you, Mr. Chairman.

22 Jen, you mentioned in your testimony that there’s

23 an effort underway to amend 1588. Can you characterize for

24 me the progress related to that amendment?

25 MS. DeBELL: Sure. And as I understand it, we 57

1 recently had a meeting with Senator Corman’s office,

2 Representative Saylor’s office, and all the parties who

3 have been involved in the negotiations. And I should add

4 the Administration was not part of that meeting. So at

5 least the parties that were in that room talked about

6 amending the Bill just to make it very clear that it’s the

7 Department of Education that would have the authority over

8 these pre-K and before- and after-school programs.

9 And if that amendment were to be added, that’s

10 why I indicated in our testimony that we would then be

11 supportive of the Bill. My understanding is that Senator

12 Corman’s office is taking the lead on the drafting, working

13 very closely with Representative Saylor’s office. We’ve

14 yet to receive a copy of the amendment but I believe it’s

15 forthcoming very soon.

16 MAJORITY CHAIRMAN CLYMER: The Chair thanks the

17 gentleman and recognizes Representative Grove.

18 REPRESENTATIVE GROVE: Thank you, Mr. Chairman.

19 Jen, in your testimony you had mentioned PDE’s

20 jurisdiction over this. Would your organizations be

21 amenable if this aspect wasn’t moved over PDE and kept in

22 DPW but ensure that the curriculum and other issues the

23 religious organizations are trying to protect would be

24 addressed in that fashion?

25 MS. DeBELL: W e ’d really like to see it moved to 58

1 PDE mainly because we don’t want to have a rehashing of the

2 issues w e ’ve had around the court case around what

3 constitutes health and safety. So we really felt the clean

4 break would just make this a better agreement at least for

5 our side, and the religious groups agreed to the compromise

6 in the room. Again, just don’t want to get back into that

7 back-and-forth over what is health and safety.

8 In previous Bills in previous sessions, they have

9 really focused on child care, and in those Bills w e ’ve said

10 if you wanted to add a clause either in law or regulation

11 that says DPW has no authority over the curriculum taught,

12 that’s something we’ve supported in the past.

13 REPRESENTATIVE GROVE: Okay. Would you say

14 that’s a cleaner method or moving over to the Department---

15 MS. DeBELL: I think because w e ’re not talking

16 about child care---

17 REPRESENTATIVE GROVE: Okay.

18 MS. DeBELL: ---anymore and w e ’re talking about

19 pre-K and before- and after-school programs in K-12

20 schools, it makes sense to move it over to the Department

21 of Education.

22 REPRESENTATIVE GROVE: Okay. All right. Thank

23 you.

24 Thank you, Mr. Chairman.

25 MAJORITY CHAIRMAN CLYMER: The Chair thanks the 59

1 gentleman.

2 The Chair thanks our testifiers being with us

3 this morning and sharing your thoughts on this very

4 important legislation, House Bill 1588.

5 That concludes our public hearing for today and

6 the Chair thanks the Members of the Committee and all our

7 testifiers for your very informative and helpful testimony.

8 We are now adjourned. Thank you very much.

9

10 (The hearing concluded at 11:26 a.m.) 60

1 I hereby certify that the foregoing proceedings

2 are a true and accurate transcription produced from audio

3 on the said proceedings and that this is a correct

4 transcript of the same.

5

6 Digitally signed by Christy Snyder DN: cn=Christy Snyder, c=US, o=Diaz Data Christy Snyder Services, LLC, [email protected] Date: 2013.1 1.05 10:30:05 -05'00' 7 Christy Snyder

8 Transcriptionist

9 Diaz Data Services, LLC