BILL ANALYSIS SB 1116 Page 1 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. SB 1116 Page 2 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. SB 1116 Page 3 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 SB 1116 Page 4 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) SB 1116 Page 5 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 SB 1116 Page 6 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 SB 1116 Page 7 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. SB 1116 Page 8 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