BILL ANALYSIS                                                                                                                                                                                                    



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          SENATE THIRD READING
          SB 1116 (Huff, Romero, and Yee)
          As Amended  August 16, 2010
          2/3 vote.  Urgency

           SENATE VOTE :28-0  
           
           EDUCATION           8-0         APPROPRIATIONS      17-0        
           
           ----------------------------------------------------------------- 
          |Ayes:|Brownley, Nestande,       |Ayes:|Fuentes, Conway,          |
          |     |Ammiano, Arambula,        |     |Bradford, Huffman, Coto,  |
          |     |Carter, Eng, Miller,      |     |Davis, De Leon, Gatto,    |
          |     |Torlakson                 |     |Hall, Harkey, Miller,     |
          |     |                          |     |Nielsen, Norby, Skinner,  |
          |     |                          |     |Solorio, Torlakson,       |
          |     |                          |     |Torrico                   |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  An urgency measure that requires heritage schools to  
          file an electronic registration form with the Superintendent of  
          Public Instruction (SPI) detailing specific information relative  
          to personnel and the course of study; and, requires heritage  
          school employees to be fingerprinted.  Specifically,  this bill  :   
           

          1)Defines a heritage school as a school that serves children who  
            are between the ages of four years and nine months and 18  
            years, who attend a public or private full-time day school,  
            that does all of the following:

             a)   Specifies regular hours of operation.

             b)   Offers education or academic tutoring, or both, in a  
               foreign language.

             c)   Offers education on the culture, traditions, or  
               history of a country other than the United States.

             d)   Offers culturally enriching activities, including, but  
               not limited to, art, dancing, games or singing, based on  
               the culture or customs of a country other than the United  
               States.








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             e)   Maintains membership in a state or national cultural  
               or language association.

             f)   Complies with relevant local government regulations.

             g)   Does not operate out of a residential home.

             h)   Complies with requirements established specifically  
               for heritage schools; maintains a copy of the electronic  
               registration form filed with the SPI; and, makes the form  
               available upon request, including to the State Department  
               of Social Services (DSS), to verify exemption to  
               licensure.

          2)Requires, commencing January 1, 2011, every person, firm,  
            association, partnership or corporation operating a heritage  
            school to file an electronic registration with the SPI  
            between the first and 31st day of January of each year, as  
            specified.  

          3)Requires the electronic registration form to include, under  
            penalty of perjury, a statement that the heritage school is in  
            compliance with requirements for fingerprinting; and, requires  
            the electronic registration form to be available to parents of  
            all pupils enrolled in the school or considering whether to  
            enroll, if an instructor also serves as the administrator.

          4)Requires employees of an entity contracting with a heritage  
            school to provide specified services, and who may have any  
            contact with pupils, to submit their fingerprints to the  
            Department of Justice (DOJ); requires DOJ to forward the  
            fingerprints to the Federal Bureau of Investigation (FBI);  
            and, requires the DOJ to charge a fee sufficient to cover the  
            cost of processing the request for information. 

          5)Authorizes a heritage school, on a case-by-case basis, to  
            require any entity providing school site services to comply  
            with fingerprinting and criminal records summary requirements.

          6)Prohibits an entity from permitting an employee to come in  
            contact with pupils until the DOJ has ascertained that the  
            employee has not been convicted of a felony and/or obtained a  
            certificate of rehabilitation and pardon.








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          7)Requires an entity having a contract with a heritage school to  
            certify in writing that neither the employer nor any of its  
            employees who are required to submit fingerprints have been  
            convicted of a felony; and, requires an entity currently under  
            contract with a heritage school to complete the fingerprinting  
            requirements within 90 days of the effective date of this  
            bill.

          8)Requires a heritage school contracting with an entity for the  
            construction, reconstruction, rehabilitation, or repair of a  
            school facility where the employees of the entity will have  
            contact, other than limited contact, with pupils to ensure the  
            safety of the pupils by one or more of the following methods:

             a)   The installation of a physical barrier at the worksite  
               to limit contact with pupils.

             b)   Continual supervision and monitoring of all employees of  
               the entity by an employee of the entity whom the DOJ has  
               ascertained has not been convicted of a felony.

             c)   Surveillance of employees of the entity by school  
               personnel.

          9)Specifies that an entity that contracts with a heritage school  
            for construction or repair of a school facility is not  
            required to comply with fingerprinting and criminal record  
            summary requirements if one or more of the methods described  
            in above is used; and, exempts an entity providing  
            construction, reconstruction, rehabilitation, or repair  
            services in an emergency or exceptional situation from the  
            requirement to keep those employees separated from pupils, or  
            that they be monitored.

          10)Prohibits the filing of an electronic registration form  
            pursuant to this bill from being interpreted to mean that the  
            State of California, the SPI, the State Board of Education,  
            the California Department of Education (CDE), or any division  
            or bureau of the CDE, or any accrediting agency has made any  
            evaluation, recognition, approval or endorsement of the school  
            or course, unless this is an actual fact; and, specifies that  
            it is unlawful for any school to expressly or impliedly  
            represent the filing of an electronic registration form as an  








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            evaluation, recognition, approval or endorsement.

          11)Establishes the Heritage Enrichment Resource Fund (HERF) in  
            the State Treasury and authorizes monies deposited in the fund  
            to be expended by the SPI upon appropriation; requires the  
            heritage school electronic registration form to be filed  
            together with a fee determined by the SPI to be sufficient to  
            cover, but not exceed, the costs of the CDE; specifies the fee  
            shall be received by the SPI no later than February 28; and,  
            requires the fees collected to be deposited into the HERF.

          12)Requires a director of a heritage school to undergo at least  
            15 hours of health and safety training that includes pediatric  
            first aid; pediatric cardiopulmonary resuscitation; and, a  
            preventive health practices course or courses that include  
            instruction in the recognition, management, and prevention of  
            infectious diseases, including immunizations, and prevention  
            of childhood injuries.

          13)Requires all employees and volunteers of a heritage school to  
            be in good health, as verified by a health screening,  
            including a test for tuberculosis.

          14)Requires pupils attending heritage schools to have access to  
            working sinks, toilets, and drinking water; and, prohibits  
            pupils attending a heritage school from having access to  
            medication or cleaning supplies, except as otherwise provided  
            by law.

          15)Specifies that heritage schools shall not be subject to  
            licensure by DSS as a child day care center.

          16)Requires, upon a pupil's enrollment in a heritage school, the  
            heritage school to provide a notice to the pupil's parent or  
            guardian stating that the heritage school is exempt from child  
            care licensure, and that attendance at the heritage school  
            does not satisfy California's compulsory education  
            requirements.

           EXISTING LAW pertaining to private schools  : 

          1)Requires private schools to file an affidavit with the SPI.   
            (Education Code 33191)









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          2)Prohibits a private school from employing a person who has  
            been convicted of a violent or serious felony or a person who  
            would be prohibited from employment by a public school  
            district because of his or her conviction for any crime.   
            (Education Code 44237)

           EXISTING LAW pertaining to childcare centers  : 

          1)Requires childcare centers to have a ratio of one teacher  
            visually observing and supervising no more than 12 children in  
            attendance, except as specified.  (California Code of  
            Regulations, Title 22, 101216.2)

          2)Requires DSS to subject each licensed child day care center to  
            unannounced visits as often as necessary to ensure the quality  
            of care provided.  (Health and Safety Code 1597.09) 




           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee:  

          1)One-time General Fund (GF) administrative costs, likely  
            between $125,000 and $175,000, to the CDE to develop an  
            electronic registration form and a database to maintain  
            heritage school information.  CDE will incur on-going costs,  
            likely less than $75,000, to maintain administrative  
            procedures related to heritage schools.  
          This measure establishes the HERF and requires each potential  
            heritage school to pay a fee, determined by CDE, to cover the  
            costs of implementing this act.  The fee is required to be  
            deposited in the HERF.  The number of heritage schools  
            operating in the state is unknown. To the extent that there  
            are not many heritage schools filing a form and paying the  
            fee, GF monies would be used to offset the lack of fee  
            revenue.

          2)GF administrative costs, likely in excess of $250,000, to DOJ  
            to process background checks on heritage school employees, as  
            specified.  These costs will be covered by fees charged to the  
            individuals who are required to complete the background check.

           COMMENTS  :  This bill exempts heritage schools from child care  








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          licensing requirements and instead requires them to follow some  
          of the existing laws that apply to private schools and child  
          care centers.  

          Several bills on this topic have been authored by Senator Huff  
          in recent years.  In the past many questions about the intent of  
          these bills were raised.  This bill seeks to answer many of  
          those questions, yet still leaves a few unanswered issues for  
          consideration.  One area of concern has centered on health and  
          safety standards including, as one example, the requirement that  
          children have access to restroom facilities and drinking water.   
          This bill, which is different from years past, incorporates some  
          of these health and safety requirements and requires heritage  
          schools to provide access to these types of facilities.  In  
          addition, this bill incorporates mandatory requirements for  
          health and safety training for heritage school directors, which  
          was another area of previous concern.  Further, this bill  
          requires heritage schools to notify parents of enrolled students  
          that they are exempt from childcare licensure and that attending  
          a heritage school does not satisfy compulsory education  
          requirements, so that parents can be fully informed.  These  
          changes alleviate a majority of the concerns that have been  
          voiced in previous years. 

          According to the author, heritage schools are privately  
          financed, culture based educational entities that have been in  
          operation for decades.  They meet after regular school, on the  
          weekends and during the summer.  They complement a child's  
          compulsory education and are bound by their commitment to  
          teaching foreign language and history in an effort to help the  
          student compete in an increasingly global economy and maintain  
          California's diversity and cultural heritage.  Heritage schools  
          play an integral role in our communities, as they are a major  
          source of language and heritage instruction at the K-12 level.   
          They help prepare students for courses in advanced language and  
          literature at colleges and universities at no taxpayer expense.   
          Some public schools even grant credit to students for classes  
          taken at these heritage schools.
           
           Definition of Heritage Schools:  Heritage schools educate  
          children on foreign languages, culture, and customs.  They seek  
          to preserve the culture and language of immigrants, fostering  
          tolerance and diversity.  Traditionally many of them have been  
          referred to as Chinese, Greek, or Japanese Schools.  Heritage  








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          schools have expanded recently to include many other cultures.   
          According to the Senate Human Services Committee analysis of  
          prior legislation, heritage schools come in many sizes,  
          settings, and organizational structures with one thing in  
          common: they exist to educate children to speak languages other  
          than English and to learn about a foreign culture and customs.   
          Some heritage schools are only open after school during the  
          school year; others are also open all day on school holidays and  
          during vacations.  Some are drop-in programs requiring no  
          sign-in or sign-out of children.  Others, particularly when  
          operating all day during school vacations, provide care and  
          supervision.  In other words, some heritage schools do not  
          function as child care centers while others do.  
           
           Are Heritage School Child Care Centers or Private Schools?   
          Currently some heritage schools function as child care centers,  
          while others do not, but according to a recent state audit, all  
          heritage schools are required to comply with the childcare  
          licensing regulations.  Since heritage schools are broader than  
          the strict definition of a child care facility, it is unclear  
          how many currently obtain licensing as a child care facility.  

          CDE does not regulate private schools or have any oversight  
          responsibilities over private schools.  Instead, local school  
          districts are responsible for overseeing private schools within  
          their boundaries to ensure they comply with the education code.   
          If heritage schools are authorized to file an electronic  
          registration form with CDE, like private schools, it sets  
          precedent for other instructional institutions to file  
          electronic registration forms with CDE.  In the past, there have  
          been attempts by driver training programs to be added to the  
          private school list even though they are not full time schools  
          and they do not satisfy compulsory education requirements.  This  
          change could potentially open the door for other supplemental  
          education service providers to request the same type of  
          recognition.

          Previous Legislation:  SB 129 (Huff), from 2009, which was held  
          on the Senate Appropriations Committee suspense file, was  
          substantially similar to this bill.  

          SB 379 (Huff), from 2009, which was held on the Senate  
          Appropriations Committee suspense file, would have exempted  
          heritage schools from child day care licensure.  








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          AB 1888 (Huff), from 2008, which was held on the Assembly  
          Appropriations Committee suspense file, would have exempted  
          heritage schools from child care licensure requirements.  

          AB 344 (Huff), from 2007, which was never heard, would have  
          exempted heritage schools from child care licensure  
          requirements.  


           Analysis Prepared by  :    Chelsea Kelley / ED. / (916) 319-2087 
                                                               FN:  0006087