BILL ANALYSIS Ó SB 309 Page 1 SENATE THIRD READING SB 309 (Liu) As Amended August 29, 2011 Majority vote SENATE VOTE :39-0 HUMAN SERVICES 6-0 APPROPRIATIONS 17-0 ----------------------------------------------------------------- |Ayes:|Beall, Jones, Ammiano, |Ayes:|Fuentes, Harkey, | | |Grove, Hall, Portantino | |Blumenfield, Bradford, | | | | |Charles Calderon, Campos, | | | | |Davis, Donnelly, Gatto, | | | | |Hall, Hill, Lara, | | | | |Mitchell, Nielsen, Norby, | | | | |Solorio, Wagner | |-----+--------------------------+-----+--------------------------| | | | | | ----------------------------------------------------------------- SUMMARY : Allows schoolage child care centers to serve persons with developmental disabilities who are age 18 to 22 and are enrolled in a special education program under specified conditions. Specifically, this bill : 1)Defines "nonminor student" to include a person 18 years of age or older who qualifies for special education services as provided in the Education Code, and has a developmental disability as defined in the Lanterman Developmental Disabilities Services Act (Lanterman Act). 2)Defines "schoolage child care center" to mean a day care center providing specified nonmedical care, supervision, personal services, and assistance to schoolage children and nonminor students. 3)Authorizes the State Department of Social Services (DSS) to approve or deny a written request for enrollment or retention of a nonminor student at a schoolage child care center if it determines the center can meet the nonminor student's needs and enrollment or retention of the nonminor student is not detrimental to the health and safety of the nonminor student. 4)Permits retention of a nonminor student in a schoolage childcare center if a request is submitted to DSS at least 30 SB 309 Page 2 days prior to the student's 18th birthday, unless DSS denies the request in writing. 5)Prohibits enrollment of a nonminor student at a schoolage childcare center prior to approval by DSS. 6)Requires that a request to enroll or retain a nonminor student in a schoolage childcare center include all of the following: a) Confirmation that the licensee conducted a personal interview of the nonminor student or his or her authorized representative; b) A written statement from the licensee assessing both of the following: i) Whether the enrollment or retention of the nonminor student would present a threat to the health or safety of the nonminor student and others at the center; and, ii) Whether the needs of the nonminor student can be met by the schoolage child care center; and, c) A copy of the nonminor student's current individualized education program and other information requested by DSS. 7)Exempts nonminor students from fingerprinting and criminal record clearance requirements. 8)Authorizes DSS to terminate an approved request and issue citations, assess civil penalties, or impose other discipline if the licensee fails to comply with applicable law. 9)Authorizes DSS to adopt regulations to implement the provisions of this bill. EXISTING LAW 1)Establishes, under the Education Code, eligibility for special education services for individuals with disabilities who need specialized educational services to benefit from their education. 2)Provides that individuals remain eligible for special education until they graduate or meet proficiency standards, SB 309 Page 3 or until they turn age 22 and for a number of months beyond depending on the individual's birthday. 3)Defines, under the California Child Day Care Facilities Act, "child day care facility" as a facility that provides nonmedical services to children under age 18. 4)Authorizes, by regulation, DSS to approve written requests for facility waivers or individual exceptions to child care center licensing regulations that are supported by substantiating evidence and are not detrimental to the health and safety of any child in care. 5)Establishes, under the Lanterman Act, 21 regional centers, which contract with the State Department of Developmental Services to provide services and supports to individuals with developmental disabilities. FISCAL EFFECT : According to the Assembly Appropriations Committee analysis, costs associated with this legislation would be minor and absorbable within existing resources. COMMENTS : The author points to inconsistencies between the Education Code and the Health and Safety Code as being the basis for this bill. Young adults who have not yet completed their courses of study are eligible for inclusion in special education programs with minors until they are age 22. 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. The sponsor of this bill, Ability First, has been advised that its child care license is not valid for adults who are still attending a special education program. To serve this small segment of their population, a separate license-for adult day programs-is required. Having separate licenses raises questions about whether the two sets of students can be integrated. Until recently, DSS regularly reviewed requests for individual exceptions to enable special education students with developmental disabilities to attend child day care facilities. However, DSS' authority to grant individual exceptions or facility waivers applies only to regulatory licensing requirements, not to statutory requirements. Therefore, that SB 309 Page 4 practice was stopped. This bill would authorize DSS to approve written requests to retain or enroll special education students with developmental disabilities who are age 18 or older in schoolage child care centers. Analysis Prepared by : Eric Gelber / HUM. S. / (916) 319-2089 FN: 0002233