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
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|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 |
|-----+--------------------------+-----+--------------------------|
| | | | |
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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
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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,
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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
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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