BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 1116|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
UNFINISHED BUSINESS
Bill No: SB 1116
Author: Huff (R), Romero (D) & Yee (D), et al
Amended: 8/20/10
Vote: 27 - Urgency
SENATE EDUCATION COMMITTEE : 7-0, 3/24/10
AYES: Romero, Huff, Alquist, Liu, Maldonado, Price,
Simitian
NO VOTE RECORDED: Hancock, Wyland
SENATE APPROPRIATIONS COMMITTEE : 9-0, 5/10/10
AYES: Kehoe, Cox, Alquist, Leno, Price, Walters, Wolk,
Wyland, Yee
NO VOTE RECORDED: Corbett, Denham
SENATE FLOOR : 28-0, 5/28/10
AYES: Alquist, Ashburn, Calderon, Cedillo, Corbett,
Correa, DeSaulnier, Ducheny, Dutton, Hancock,
Hollingsworth, Huff, Kehoe, Leno, Liu, Lowenthal,
Padilla, Pavley, Price, Romero, Runner, Simitian,
Steinberg, Strickland, Wolk, Wright, Wyland, Yee
NO VOTE RECORDED: Aanestad, Cogdill, Cox, Denham, Florez,
Harman, Negrete McLeod, Oropeza, Walters, Wiggins,
Vacancy, Vacancy
ASSEMBLY FLOOR : Not available
SUBJECT : Heritage school instruction
SOURCE : Author
CONTINUED
SB 1116
Page
2
DIGEST : This bill requires heritage schools to file an
electronic registration form with the Superintendent of
Public Instruction detailing specific information relative
to personnel and the course of study; and, requires
heritage school employees to be fingerprinted.
Assembly Amendments (1) prohibit heritage schools from
employing individuals who would otherwise be prohibited
from being employed in a public school district or private
school, (2) include a notice to parents specifying that the
school does not comply with compulsory education laws, (3)
exempt from child care licensure any heritage schools that
has filed a registration form with CDE, and (4) has
technical clean up language related to the application
timeline and references to the application as an affidavit
or statement.
ANALYSIS :
Existing law pertaining to private schools:
1. Requires private schools to file an affidavit with the
Superintendent of Public Instruction (SPI).
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.
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
2. Requires Department of Social Services (DSS) to subject
each licensed child day care center to unannounced
visits as often as necessary to ensure the quality of
care provided.
This bill:
CONTINUED
SB 1116
Page
3
1. Requires heritage schools to file an electronic
registration form with the SPI detailing specific
information relative to personnel and the course of
study; and, requires heritage school employees to be
fingerprinted.
2. 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.
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 DSS, to verify exemption from child care
licensure.
3. 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.
CONTINUED
SB 1116
Page
4
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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
CONTINUED
SB 1116
Page
5
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.
10.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.
11.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 evaluation, recognition, approval or endorsement.
12.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 January 31; and, requires the fees
CONTINUED
SB 1116
Page
6
collected to be deposited into the HERF.
13.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.
14.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.
15.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.
16.Specifies that heritage schools shall not be subject to
licensure by DSS as a child day care center.
17.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.
Prior/Related Legislation
SB 129 (Huff), 2009-2010 Session , was nearly identical to
this bill. Was held in Senate Appropriations Committee.
SB 379 (Huff), 2009-2010 Session , exempts heritage schools
from child day care licensure. SB 379 was passed by the
Senate Human Services Committee on an 13-0 vote on April
15, 2009, but was held on the Senate Appropriations
Committee.
AB 1888 (Huff), 2007-08 Session , would have exempted
heritage schools from child care licensure requirements.
CONTINUED
SB 1116
Page
7
This bill was held on the Assembly Appropriations
Committee's suspense file.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Assembly Appropriations Committee,
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, and this bill
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. 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.
SUPPORT : (Verified 8/25/10)
Bright Horizon Chinese School
California Association of Japanese Language School
Center for Applied Linguistics
Los Angeles Chamber of Commerce
Los Angeles County Sheriff's Department
Oak League Education Institute
Palos Verdes Chinese School
Superior Education, Myo Ho Chinese School
Temple Education Center Corp.
ARGUMENTS IN SUPPORT : According to the author's office,
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
CONTINUED
SB 1116
Page
8
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.
PQ:do 8/25/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED