BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 309|
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THIRD READING
Bill No: SB 309
Author: Liu (D)
Amended: 5/10/11
Vote: 21
SENATE HUMAN SERVICES COMMITTEE : 7-0, 04/12/11
AYES: Liu, Emmerson, Berryhill, Hancock, Strickland,
Wright, Yee
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Child day care facilities: youth with
disabilities
SOURCE : Ability First
DIGEST : This bill allows child care programs to serve
persons with disabilities to age 21, under certain
conditions.
ANALYSIS : Existing law:
1.Allows pupils to receive special education and related
services to age 21 if they have an individual education
plan (IEP) or an individual transition plan specifying
the need for those services.
2.Provides case management and purchase of services,
through regional centers, for persons who, before their
18th birthday, are diagnosed with any one of several
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disabilities: mental retardation, cerebral palsy,
epilepsy, autism, and a neurological impairment with the
effect of mental retardation.
3.Establishes licensure for child day care programs,
including centers for school aged children, and defines
"child" as a person younger than 18 years of age.
This bill
1.Makes various findings and declarations to the effect
that students who have reached their 18th birthday and
are not yet 22, and who receive special education and
related services, should maintain eligibility to be
enrolled in a child day care facility, if otherwise
eligible.
2.Redefines "child" for the purposes of eligibility to
services in licensed child day care facilities for school
aged children to include an individual with developmental
disabilities between 18 and 22 years of age who is still
enrolled in school and has an IEP or an individual
transition plan.
3.Adds to the definition of "child day care facility" to
include a facility that provides nonmedical care to an
individual with developmental disabilities between 18 and
22 years of age, who is still enrolled in school and has
an IEP or an individual transition plan.
4.Requires an indoor activity space provided for middle
school, high school, and transition age youth to be
physically separated from the space provided for younger,
school age participants.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 5/19/11)
Ability First
American Federation of State, County and Municipal
Employees
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ARGUMENTS IN SUPPORT : According to the author's office,
inconsistencies between the Education Code and the Health
and Safety Code as being the nexus for this bill. Young
adults who have not yet completed their courses of study
are eligible for inclusion in special education program
with minors. On the other hand, in the world of licensed
child day care, 18-year-olds are too old. The problem
comes with care provided to school aged youth who need
extended day care services before and after their special
education programs.
CTW:nl 5/19/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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