BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 1087
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          SENATE THIRD READING
          SB 1087 (Walters)
          As Amended  August 22, 2012
          Majority vote

           SENATE VOTE  :   37-0
            
           HUMAN SERVICES      5-1         APPROPRIATIONS      16-1        
           
           ----------------------------------------------------------------- 
          |Ayes:|Beall, Jones, Grove,      |Ayes:|Fuentes, Harkey,          |
          |     |Hall, Portantino          |     |Blumenfield, Bradford,    |
          |     |                          |     |Charles Calderon, Campos, |
          |     |                          |     |Davis, Donnelly, Gatto,   |
          |     |                          |     |Hall, Hill, Lara,         |
          |     |                          |     |Nielsen, Norby, Solorio,  |
          |     |                          |     |Wagner                    |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Ammiano                   |Nays:|Mitchell                  |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Doubles the hours by which an after school program 
          operated by a city, county or non-profit may operate.  
          Specifically,  this bill  :   

          1)Increases the number of hours a week from 30 to 60 that an 
            after school program operated by a city, county or non-profit 
            may operate.

          2)Exempts from licensure under the California Child Day Care 
            Facility Act (CCDCFA) and the California Community Care 
            Facilities Act (CCCFA) any local after school program 
            administered by a city, county or non-profit that operates for 
            no more than 60 hours a week.

          3)Prohibits a pupil from attending a locally operated After 
            School Education and Safety Program (ASES) program for more 
            than 30 hours a week.

          4)Restricts a locally operated ASES program from receiving 
            additional funding pursuant to this subdivision. 

           EXISTING LAW  : 









                                                                  SB 1087
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          1)Establishes the ASES program to create incentives for 
            establishing locally driven before and after school enrichment 
            programs both during schooldays and summer, intersession, or 
            vacation days that partner public schools and communities to 
            provide academic and literacy support and safe, constructive 
            alternatives for youth.

          2)Exempts locally operated and funded after school programs not 
            affiliated with the ASES program to be exempt from child care 
            licensure if they operate for no more than 30 hours per week. 

          3)Exempts from child care licensure recreation programs operated 
            by the Girl Scouts, Boy Scouts, Boys Club, Girls Club, or Camp 
            Fire, or similar organizations as determined by regulations of 
            the Department of Social Services (DSS).

          4)Establishes the CCDCFA to provide a comprehensive, quality 
            system for licensing child care facilities to ensure a quality 
            day care environment and states that good quality child care 
            services are essential services for working parents.

          5)Sets licensing requirements and provides authority to DSS to 
            develop and adopt regulations to administer the act, including 
            the authority to set licensing standards for facilities that 
            provide nonmedical care to children under the age of 18.

          6)Defines a "day care center" as any child day care facility 
            other than a family day care home, and includes infant 
            centers, preschools, extended day care facilities, and school 
            age child care centers.

          7)Requires all employees of child day care centers to undergo a 
            criminal background check and clearance. 

           FISCAL EFFECT  :  According to the Assembly Appropriations 
          Committee, costs associated with this legislation should be 
          minor and absorbable within existing resources.

           COMMENTS  : This bill is a reintroduction of SB 737 (Walters) from 
          last year, which was vetoed by the Governor. Here is the 
          Governor's veto message:

               I agree with the author's intent to clarify and simply the 
               regulation of organized camps, but this measure does not 
               achieve this goal.  I am directing the Department of Public 








                                                                  SB 1087
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               Health and Department of Social Services to work with the 
               author and interested advocates to resolve this issue in 
               the coming year. 

           Need for the bill  .  According to the author, "SB 1087 is a 
          re-introduction of SB 737 which passed last year, but was vetoed 
          by the Governor based on some concerns raised by the Department 
          of Public Health and the Department of Social Services, which we 
          have addressed in this bill.  This bill allows ASES programs 
          operated by city, county or nonprofit organizations to operate 
          up to 60 hours per week instead of the current 30 hours.  The 30 
          hour limitation makes it difficult to serve students who attend 
          kindergarten and typically attend school for half days, and for 
          students who have parents with non-traditional work schedules."  
           
           ASES Program  .  The ASES Program was established by Proposition 
          39 in 2002 to school districts with grant based funding for 
          after school programs in three-year terms.  This proposition 
          amended California Education Code (EC) Sections 8482-8482.55 to 
          expand and rename the former Before and After School Learning 
          and Safe Neighborhood Partnerships Program (ASLSNP) Program as 
          the ASES Program.  
           
          According to the California Department of Education (CDE), ASES 
          programs are created through partnerships between schools and 
          communities to provide literacy support, academic enrichment, 
          and safe, constructive alternatives for students in kindergarten 
          through grade nine (K-9).  Funding is designed to provide 
          elementary and middle schools that submit applications to 
          establish before and after school programs with a three-year 
          grant.  According to the CDE, by definition, an ASES program is 
          one that receives ASES grant funding.

          Under current law, ASES programs are exempt from child care 
          licensure because they are associated and located on local 
          school campus.  This exemption allows locally operated and 
          funded ASES programs to operate for a reasonable number of hours 
          before and after the school day without having to pursue a child 
          care license.  This can be seen in the legislative history of EC 
          Section 8484.3, which provides for this specific licensure 
          exemption. 

          EC Section 8484.3 was initially established by SB 1756 
          (Lockyer), Chapter 320, Statutes of 1998, that created the 
          initial ASLSNP Program.  Under this measure locally operated 








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          ASES programs were exempted from licensure if they operated for 
          no more than 20 hours a week.  Three years later, the state 
          adopted AB 6 (Cardenas), Chapter 545, Statutes of 2001, 
          increasing the allowable hours of operation to 30. 

          According to the co-sponsors of this bill, the YMCA and the 
          California Collaboration for Youth (CCY), "the current 30 hour 
          limitation makes it difficult to serve students who attend 
          kindergarten and typically attend school for half days, and for 
          students who have parents with non-traditional work schedules."  
          In order to balance the operational need of ASES programs with 
          state health and safety concerns, this measure restricts any one 
          pupil from attending an ASES program for more than 30 hours, but 
          would allow the program to operate for up to 60 hours a week.  
          However, by doubling the number of hours an ASES program may 
          operate, it may create ambiguity as to whether it is providing 
          ASES services or child care services.    


           Analysis Prepared by  :    Chris Reefe / HUM. S. / (916) 319-2089 


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