HOUSE DOCKET, NO. 3508        FILED ON: 1/18/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 129

The Commonwealth of Massachusetts

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PRESENTED BY:

Natalie M. Higgins, (BY REQUEST)

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act clarifying the definitions of child care centers and school-aged child care programs in the Commonwealth.

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PETITION OF:

HOUSE DOCKET, NO. 3508        FILED ON: 1/18/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 129

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act clarifying the definitions of child care centers and school-aged child care programs in the Commonwealth.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. The definition of “Child care center” under Section 1A of Chapter 15D of the General Laws is hereby amended to:- “a facility operated on a regular basis whether known as a child nursery, nursery school, kindergarten, child play school, progressive school, child development center, or preschool. Child care center shall not include: any part of a public school system; any part of a private, organized educational system, unless the services of that system are primarily limited to kindergarten, nursery or related preschool services; a Sunday school conducted by a religious institution; a facility operated by a religious organization in which children are cared for during short periods of time while persons responsible for the children are attending religious services; a family child care home; an informal cooperative arrangement among neighbors or relatives; or the occasional care of children with or without compensation. An exemption shall exist for non-government funded private businesses, whether a marital arts center, dance center, art center, or a person supervising children with the parents’ authority during an after school program associated with the business plan of the establishment for any part of the day of the week, including nannies, or any choice of the legal parents to hire a source to supervise their children.”

SECTION 2. The definition of “School-aged child care program” under Section 1A of Chapter 15D of the General Laws is hereby amended to:- “a program or facility operated on a regular basis which provides supervised group care for children not of common parentage who are enrolled in kindergarten and are of sufficient age to enter first grade the following year, or an older child who is not more than 14 years of age, or not more than 16 years of age if the child has special needs. Such a program may operate before and after school and may also operate during school vacation and holidays. It shall provide a planned daily program of activities that is attended by children for specifically identified blocks of time during the week, usually over a period of weeks or months. A school-aged child care program shall not include: a program operated by a public school system; a part of a private, organized educational system, unless the services of that system are primarily limited to a school-aged child care program; a Sunday school or classes for religious instruction conducted by a religious organization where the children are cared for during short periods of time while persons responsible for those children are attending religious services; a family child care home, except as provided under large family child care home; an informal cooperative arrangement among neighbors or relatives; or the occasional care of children with or without compensation. An exemption shall exist for non-government funded private businesses, whether a marital arts center, dance center, art center, or a person supervising children with the parents’ authority during an after school program associated with the business plan of the establishment for any part of the day of the week, including nannies, or any choice of the legal parents to hire a source to supervise their children.”

SECTION 3. Section 6(a) of Chapter 15D of the General Laws is hereby amendment by adding at the end thereof the following:- “An exemption shall exist for non-government funded private businesses, whether a marital arts center, dance center, art center, or a person supervising children with the parents’ authority during an after school program associated with the business plan of the establishment for any part of the day of the week, including nannies, or any choice of the legal parents to hire a source to supervise their children.”

SECTION 4. Section 6(e) of Chapter 15D of the General Laws is hereby amendment by adding at the end thereof the following:- “An exemption shall exist for non-government funded private businesses, whether a marital arts center, dance center, art center, or a person supervising children with the parents’ authority during an after school program associated with the business plan of the establishment for any part of the day of the week, including nannies, or any choice of the legal parents to hire a source to supervise their children.”

SECTION 5. Section 6 of Chapter 15D is hereby amended by inserting after subsection (e) the following:- “(f) Homework assistance, tutoring, snacks or other nutritional supports required by the child and is authorized by the legal parent or guardian and is provided by the business or is provided by the parent for any active activity during the afterschool program is exempt, and the program shall not need authorization by the Department of Early Education and Care.”