Are all non-profits protected equally? (Posting for Oaklianna)
According to the NY Times article, no. From licensing requirements, pension protection, unemployment benefits, to local property taxes, religious organizations are exempt from important legal requirements in which other non-profits are held accountable. I was most amazed that when it comes to the social service of child care, religious organizations are exempt from many federal, state, and local laws. Non-profits are given tax breaks because social needs are being met, but at what cost? When it comes to providing child care all organizations should be treated equal. The Alabama example states that a non-profit child day care center must pay licensing fees, have the building up to code, and even satisfies requirements on age appropriate toys, the religious organization providing the same service need not worry about any of these things (in legal terms only). If that wasn’t unfair to enough, when it comes to government aid to child care centers, both licensed and unlicensed can receive money. Now you have one segment of the population carrying a proportionately heavier percent of the burden, ie nonprofit day care centers v. religious day care centers.
Since the article mentioned Florida as a state that has exempted religious child care programs, I decided to look it up online. Here is some basic info:
A child care facility may claim Religious Exemption from
licensure if:
1) It is an integral part of a church or parochial schools conducting
regularly scheduled classes, courses of study or educational programs.
2) It is accredited by, or by a member of, an organization that publishes
and requires compliance with its standards for health, safety and
sanitation.
3) It meets background screening requirements in ss. 402.305, 402.3055,
and 435.04, Florida Statutes.
A list of accrediting organizations is maintained by the Department of Children
and Families and may be found on www.myflorida.com/childcare.
Religious exempt child care facilities must submit an affidavit annually to the Department of Children and Families stating all child care personnel have worked at the facility on a continuing basis since initial screening or have complied with screening requirements. This form is the Religious Exemption Statement (CFFSP 5215) and may be obtained on www.myflorida.com/childcare.
Section 402.316(1), F.S., provides religious exemption from the provisions of ss. 402.301-402.319, F.S., except for the requirements regarding screening of child care personnel.
A child care program may not operate and care for children until these
requirements have been met. Please contact the licensing office in your area for further information on religious exemption.
http://www.dcf.state.fl.us/childcare/index.shtml
It seems that in the state of Florida there are at least two important safeguards in place. One is that the religious day care center must be accredited even if it is not licensed. And the second is that, when it comes to hiring staff, background checks are mandatory. Religious day care centers might not be the legal free for all the New York Times article makes them out to be. My only concern is keeping legalities for all non-profits equal and fair.
Since the article mentioned Florida as a state that has exempted religious child care programs, I decided to look it up online. Here is some basic info:
A child care facility may claim Religious Exemption from
licensure if:
1) It is an integral part of a church or parochial schools conducting
regularly scheduled classes, courses of study or educational programs.
2) It is accredited by, or by a member of, an organization that publishes
and requires compliance with its standards for health, safety and
sanitation.
3) It meets background screening requirements in ss. 402.305, 402.3055,
and 435.04, Florida Statutes.
A list of accrediting organizations is maintained by the Department of Children
and Families and may be found on www.myflorida.com/childcare.
Religious exempt child care facilities must submit an affidavit annually to the Department of Children and Families stating all child care personnel have worked at the facility on a continuing basis since initial screening or have complied with screening requirements. This form is the Religious Exemption Statement (CFFSP 5215) and may be obtained on www.myflorida.com/childcare.
Section 402.316(1), F.S., provides religious exemption from the provisions of ss. 402.301-402.319, F.S., except for the requirements regarding screening of child care personnel.
A child care program may not operate and care for children until these
requirements have been met. Please contact the licensing office in your area for further information on religious exemption.
http://www.dcf.state.fl.us/childcare/index.shtml
It seems that in the state of Florida there are at least two important safeguards in place. One is that the religious day care center must be accredited even if it is not licensed. And the second is that, when it comes to hiring staff, background checks are mandatory. Religious day care centers might not be the legal free for all the New York Times article makes them out to be. My only concern is keeping legalities for all non-profits equal and fair.
1 Comments:
At 4:46 PM, October 16, 2006, Paul Jonas said…
My only question to this is the effect of the establishment clause on the laws regarding religious organizations. I am surprised that there wasn't any mention in our chapter regarding this.
I feel that that is a major point that seperates religious activities from other nonprofit activities. I don't know what the reasoning is for this immense difference is. Beyond the establishment clause, I can see it being the assumption that religious organizations (ideally) should need to be held less accountable.
The next question I have is how does this affect government funding of childcare nonprofits of any nature? I know that money is tight alone for npos, and with the presidents faith-based initiatives, providing more money to the religious alternatives should elicit equal treatment. Perhaps, since so much attention has been garnered to these faith based organizations a call to make sure they are doing what they say they are doing goes out. Let's hope our faith isn't misplaced.
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