BILL ANALYSIS Ó
AB 290
Page 1
ASSEMBLY THIRD READING
AB 290 (Alejo)
As Introduced February 11, 2013
Majority vote
HUMAN SERVICES 7-0 APPROPRIATIONS 17-0
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|Ayes:|Stone, Maienschein, |Ayes:|Gatto, Harkey, Bigelow, |
| |Ammiano, | |Bocanegra, Bradford, Ian |
| |Ian Calderon, Garcia, | |Calderon, Campos, |
| |Grove, Chesbro | |Donnelly, Eggman, Gomez, |
| | | |Hall, Holden, Linder, |
| | | |Pan, Quirk, Wagner, |
| | | |Ammiano |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Requires training for child development programs to
include one hour of childhood nutrition training. Specifically,
this bill :
1)States findings and declarations as follows:
a) Nearly 25% of California's preschool age children are
overweight or obese and are at risk of developing chronic
diseases, contributing to increased health care costs, and
at the same time are participating in child development
programs in higher numbers;
b) Research demonstrates that taste preferences and
lifelong nutrition habits are developed during the early
childhood years and that most diets of young children do
not meet the Dietary Guidelines for Americans, as they tend
to be low in healthy foods and high in sugar and fat;
c) Research supports that training for child development
providers can improve the quality of child development
programs; and
d) The state has a history of policy and fiscal investment
in the development of licensed child development programs
and providing for the health and safety of children
enrolled in those programs.
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2)Amends the California Child Day Care Facilities Act (CDCFA) to
require any child day care facility seeking to be licensed
under this act, on or after January 1, 2015, to include
elementary training in childhood nutrition and practices that
support the overall health of children.
3)As a condition of meeting this additional elementary training,
at least one director or teacher employed by a child
development agency shall have at least one hour of childhood
nutrition training in addition to the 15 hours of training
already required under law.
4)Requires the training to include content on age-appropriate
meal patterns, based upon Dietary Guidelines for Americans,
and inform providers on the eligibility, enrollment and
reimbursement for participation in the United States
Department of Agriculture (USDA) Child and Adult Care Food
Program.
EXISTING LAW :
1)Provides, under the CDCFA, for the licensing and regulation of
child development homes and facilities by the California
Department of Social Services (DSS) Community Care Licensing
Division. Specifically, it:
a) Requires licensed child care agencies to have at least
one director or teacher at the agency to be have at least
15 hours of health and safety training, as specified.
b) Allows the training to include instruction on sanitary
food handling, child nutrition, emergency preparedness,
caring for children with special needs and reporting signs
and symptoms of child abuse.
c) Prohibits children from being served beverages with
added sweeteners, either natural or artificial, unless the
child has a medical necessity or if the beverage is
provided by the child's parent.
d) Allows DSS to adapt provisions of the Dietary Guidelines
for Americans, published jointly by the United States
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(U.S.) Department of Health and Human Services (HHS) and
USDA to continue to reflect the most recent relevant
nutrition science to improve the health of children in
child care.
2)Authorizes, in the Education Code, the State Superintendent of
Public Instruction (SSPI) to implement standards for the
operation of quality early childhood education programs, which
includes providing for the nutritional needs of children.
Pursuant to this authority, under Title 5 regulations adopted
by the California Department of Education (CDE), early
childhood programs contracted with the CDE are required to
meet nutritious meals and snacks requirements that are
culturally and developmentally appropriate and meet
nutritional requirements specified by the federal Child Care
Food or the National School Lunch program.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, because the cost of training is borne by child care
providers, any costs to the state should be minor and absorbable
within existing resources.
COMMENTS : There are generally two types of child development
providers in the state; commonly referred to as either Title 22
or Title 5 programs. Title 22 refers to Division 2 of Title 22
of the California Code of Regulations (CCR), which is governed
by DSS, and Title 5 refers to Divisions 19 and 19.5 of the CCR,
which is governed by the CDE.
Title 22 establishes general health and safety requirements,
staff to child ratios, and basic provider training
qualifications. In order for any person to operate a child
development program, the program must first become a licensed
provider under Title 22. Title 22 providers set their own rates
and may voluntarily accept child development subsidy vouchers,
along with statutorily established family fees, provided through
the California Work Opportunity and Responsibility to Kids
(CalWORKs) program or other state-funded child care subsidy
programs. Voucher rates are set by the Regional Market Rate
(RMR), which is generally intended to reflect the true regional
cost of care in the private child care market. As established
in AB 1497 (Budget Committee), Chapter 29, Statutes of 2012, the
education budget trailer bill, the RMR is currently set at the
85th percentile of the 2005 RMR Survey, and the license-exempt
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child care providers ceiling at 60% of the Family Child Care
Home ceilings, effective July 1, 2012.
According to DSS, as of February 6, 2013, there were
approximately 47,477 child care agencies with a licensed
capacity to serve up to 1,095,672 children in California.
Title 5 governs the state's subsidized child development
programs, which are overseen by the CDE. These programs must be
licensed by DSS under Title 22 regulations and must meet higher
quality standards established under Title 5 regulations. These
requirements include:
1)A developmentally- and age-appropriate educational program for
enrolled children.
2)Staff development opportunities to improve program quality.
3)Parental involvement and education, including a parent survey.
4)Nutritional standards that comply with federal child nutrition
program requirements, such as the National School Lunch
Program.
5)A health and social services component to identify and refer
eligible children and their families to community or public
health and social services, such as CalFresh.
6)A self-evaluation process to continually improve and enhance
their program.
7)An environment rating scale that measures education quality,
parental involvement, and staff development and education.
According to CDE, as of the 2009-10 fiscal year, there were
approximately 1,420 service contracts with nearly 770 public and
private agencies supporting and providing services to 489,200
children. Title 5 providers contract with the CDE and include
school districts, county offices of education, cities, local
park and recreation districts, county welfare departments, other
public entities, community-based organizations, and private
agencies.
Need for the bill : According to the Centers for Disease Control
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(CDC), obesity rates among children and adolescents have almost
tripled since 1980. Approximately 17%, or 12.5 million children
and adolescents nationwide, two to 19 years of age, are
considered obese. Further, it is estimated that one in three
children are obese or considered overweight by their fifth
birthday.
The health risks of obesity in young children are substantial,
which places their overall health at greater risk. Obesity can
lead to Type 2 diabetes, hypertension, sleep apnea, and other
adverse health conditions. Longitudinal studies have also
demonstrated that eating habits learned at an early age are more
likely to be practiced throughout a person's lifetime.
Current law allows DSS to utilize existing federal Dietary
Guidelines for Americans, developed by the HHS and USDA. It
additionally permits DSS to include childhood nutrition in its
training regimen for child care agencies. However, because the
training is permitted but not required, there is no assurance
that licensed child care agencies have knowledge of or are
providing good quality and healthy, nutritious meals to the
children they serve.
This bill would add one hour of specific childhood nutrition
training to the state's existing 15-hour training requirement
for licensure under the CDCFA. Although all Title 5 programs
must already provide nutritional standards development
opportunities in order to meet their childhood nutritional
requirements, it is unknown whether some or all Title 22
programs do the same.
This measure is a follow-up to AB 1872 (Alejo) from 2012, which
passed the Legislature but was vetoed by the Governor.
According to the Governor, he vetoed AB 1872 because:
The bill would require family child care homes to
serve food in conformance with the federal Child and
Adult Care Food Program, which offers reimbursement
for meals that meet certain criteria.
I can support a measure that helps family child care
providers learn about nutrition and serve healthier
foods at a lower cost, but this bill goes beyond that.
Small businesses such as family day care providers
don't need another confusing mandate that adds to
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their struggles to stay afloat.
By limiting this measure to adding one hour of training related
to childhood nutrition, it appears to be responsive to the
Governor's message to help "family child care providers learn
about nutrition and serve healthier foods at a lower cost? "
In explaining the need for this legislation, the author states
that:
Research indicates child care provider training has
the greatest impact on the quality of child care
programs. Yet California's licensing laws do not
require providers to undergo any nutrition training.
With nearly 25% of preschool-aged children overweight
or obese, thousands of California's youngest residents
face a lifetime of health challenges (e.g., diabetes,
heart disease, cancer) related to poor nutrition.
Conversely, children who practice healthy eating
habits during the first five years of life are more
likely to extend those healthy habits into adulthood.
With more than 45,000 licensed child care facilities
in California serving over one-million children, child
care providers are uniquely positioned to help ensure
young children are exposed to good nutrition during
the early years.
Analysis Prepared by : Chris Reefe / HUM. S. / (916) 319-2089
FN: 0000275