BILL ANALYSIS Ó SB 1087 Page 1 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 Page 2 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 Page 3 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 SB 1087 Page 4 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 FN: 0005267