BILL ANALYSIS �
SENATE COMMITTEE ON EDUCATION
Carol Liu, Chair
2013-2014 Regular Session
BILL NO: SB 192
AUTHOR: Liu
AMENDED: April 16, 2013
FISCAL COMM: Yes HEARING DATE: April 24, 2013
URGENCY: No CONSULTANT: Lynn Lorber
SUBJECT : Early Learning and Educational Support.
SUMMARY
This bill requires information to be provided to parents
seeking early education and care services regarding options
for high-quality early education and learning support
programs and services. This bill also modifies statutory
staffing ratios, the definition of migrant agricultural
worker family, requires the consolidation of early
education program contracts, and changes terminology from
"child care and development" to "early learning and
educational support."
BACKGROUND
California's system of child care and early education
programs include:
1) General Child Care and Development programs use
centers and family child care home networks operated
by either public or private agencies and schools.
These programs provide child development services for
children from birth to age 13 years. (Education Code
� 8240)
2) The California State Preschool Program consists of
State Preschool, Prekindergarten and Family Literacy,
and center-based general child care serving eligible
3- and 4-year olds. These programs provide
curriculum-based instruction. (EC � 8235)
3) Migrant Child Care and Development programs serve
children of agricultural workers and are open for
varying lengths of time during the year, depending on
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the harvest activities in the area. (EC � 8230)
4) Resource and Referral programs provide information to
parents about available child care in their area that
meets the needs of the parent and child. These
programs also provide services such as training and
coordination of community resources. (EC � 8210)
5) Alternative Payment Programs help parents arrange
child care services and makes payments directly to the
provider, which may be in-home care, family child care
or center-based care. (EC � 8220)
6) Child Care and Development Services for Children with
Special Needs ensures that eligible children with
exceptional needs are given equal access to all child
care and development programs. (EC � 8250)
7) Family Child Care Home Education Networks support
educational objectives for children in licensed family
child care homes that serve families eligible for
subsidized child care. (EC � 8245)
8) Infant and Toddler programs include supervision and
group care, educational stimulation, and health
screening and treatment. (EC � 8390)
ANALYSIS
This bill requires information to be provided to parents
seeking early education and care services regarding options
for high-quality early education and learning support
programs and services. This bill also modifies statutory
staffing ratios, the definition of migrant agricultural
worker family, requires the consolidation of early
education program contracts, and changes terminology from
"child care and development" to "early learning and
educational support." Specifically, this bill:
Information provided to parents
1) Requires the California Department of Education (CDE)
to develop and certify a list of high-quality early
learning and educational support resources to
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demonstrate high-quality options available to parents.
The list of certified resources must be posted and
maintained on the CDE's website and be made available
to both resource and referral programs and alternative
payment programs.
2) Requires information to be provided to parents in the
county of service at the time the family is determined
eligible for services, and at recertification, by one
of the following:
a) An alternative payment program.
b) A resource and referral program.
c) A partnership between the alternative
payment program and the resource and referral
program.
3) Requires the information to assist parents in making
informed choices about available types of care that
would both offer a safe, caring and age-appropriate
early learning and educational support environment for
children, as well as support the parents' work
activities.
4) The information may be from the CDE's website or the
programs or partnership may develop local resources
that include:
a) Information regarding how to select services
that meet the needs of the parent and child.
b) Information on licensing requirements and
procedures for centers and family homes.
c) Trustline requirements for homes and
providers exempt from licensure.
d) A range of possible early learning and
educational support options from which a parent
may choose.
e) Information on available care subsidies and
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eligibility requirements.
f) Quality indicators, including provider or
educator training, accreditation, staff
stability, group size, ratio of children to
staff, environments that support the healthy
development of children, parent involvement, and
communication between the parent and provider.
g) Information on quality rating and
improvement systems, where available.
Direct classroom services
Provides that the Superintendent of Public Instruction is
to administer early learning and educational support
programs through direct classroom services, which include:
1) The newly-termed direct classroom programs (includes
Title 5 programs currently known as General Child Care
and Development, Migrant Child Care and Development,
Resource and Referral Programs, Alternative Payment
Programs, and Infant Care and Development Services).
2) State preschool programs.
3) Family child care home education networks.
4) Services for children with special needs.
The effect is to create an umbrella, called "direct
classroom programs" to encompass all center-based Title 5
programs.
Direct classroom programs and contract consolidation
1) Beginning July 1, 2014, renames General Child Care and
Development, Migrant Child Care and Development, and
California State Preschool as "direct classroom
programs."
2) Requires the Superintendent of Public Instruction
(SPI) to streamline the delivery of direct classroom
programs through the simplification of contracts (for
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the Title 5 programs listed above).
Staff to child ratios
Shifts the ages within each staffing ratio category without
changing staffing ratios, as follows:
1) Current infants are 0-2 years. This bill changes
infants to birth-18 months.
2) Current infants and toddlers are 0-2 years. This bill
establishes a toddlers-only category of 18 months up
age 3 years.
3) Current is children 3-6 years. This bill modifies
this to preschool, at least 30 months to kindergarten
eligibility.
4) Current is children 6-10 years. This bill modifies
this to schoolage, enrolled in kindergarten to age 13
years.
5) Current is children 10-13. This bill folds this age
bracket into the category for children age 6-13.
Staff qualifications
Provides detail to the current description of permits or
credentials that authorize a person to be employed in an
instructional capacity. This bill updates terminology and
specifies the minimum permits and credentials separately
but does not change staffing requirements.
Migrant
1) Expands the definition of "migrant agricultural worker
family" from a family that has earned at least 50
percent of its total gross income, to a family with at
least one parent that has earned at least 50 percent
of his or her income from employment in fishing,
agriculture, or agriculturally related work during the
12 months immediately preceding the date of
application for services.
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2) Establishes provisions specific to the one migrant
alternative payment program in the state, to exempt
that provider from the existing requirements for
second and third tier priorities that other
alternative payment programs must meet.
Miscellaneous
1) Adds to the indicators of quality programs:
a) Use of California preschool learning
foundations, frameworks, and guidelines, and
California early childhood educator competencies.
b) Meeting children's instructional and
developmental needs.
c) Provision of positive teacher-child
interactions.
2) Prioritizes any future expansion funds for programs
operating classrooms located in the attendance area of
elementary schools ranked in deciles 1-3 on the
Academic Performance Index.
3) Changes the name of the Child Care and Development
Services Act to the Early Learning and Educational
Support Act, and changes references from "child care"
to "early learning and educational support" throughout
child care provisions in the Education Code.
4) Specifies activities that are in support of the
professional development and preparation of educators
and professionals in the field of early learning and
educational support services.
5) Recasts the stated purpose of child care provisions to
reflect components of high-quality early education
programs, such as developmentally appropriate
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curriculum.
STAFF COMMENTS
1) Need for the bill . According to the author, "Early
learning and child care services were codified in
1976. California has worked to improve the quality of
programs for children through regional structures of
quality improvement, which is the foundation for
California's Early Learning Challenge Grant. The code
has not been substantially updated to eliminate
outdated programs, definitions, or practices."
2) Federal Early Learning Challenge Grant . California
has been awarded the federal Race to the Top-Early
Learning Challenge grant, which provides $52.6 million
over four years to increase access to high-quality
early learning programs. California's efforts through
this grant build upon existing regional structures
that include training and coaching, coordination with
institutions to provide coursework, and a quality
rating system. This bill changes terminology
regarding quality, standards, teacher quality and
requirements to reflect current practice and align
with Early Learning Challenge Grant.
3) Providing information to parents . This bill requires
information be provided to parents seeking care
relative to high-quality early learning and
educational support programs and services, and the
benefits of high-quality programs. Current law does
not preclude resource and referral programs or
alternative payment programs from providing
information to parents about an array of child care
and early education options, and many likely do
provide information about all available programs.
However, current law does not require information to
be provided to parents for options other than the type
of care the parent requests. This bill requires
information about high-quality programs to be provided
to parents regardless of the parents' desire to seek
such care.
4) Staffing ratio . This bill shifts the ages within each
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staffing ratio category without changing staffing
ratios. The changes made by this bill are nearly
identical to current state regulations other than
allowing preschool ratios apply to children as young
as 30 months while regulations provide for preschool
ratios beginning at 36 months of age. Is it
appropriate for children who are 2 years old to be
in a preschool staffing ratio?
5) Definition of migrant family . This bill expands the
definition of "migrant agricultural worker family"
from a family that has earned at least 50 percent of
its total gross income, to a family with at least one
parent that has earned at least 50 percent of his or
her income from certain employment. The rationale for
this change is to reflect the lifestyles of
current-day migrant families who move less often, and
to expand eligibility to ensure funds that
appropriated for this program are not left unexpended.
The author may wish to consider adding language that
allows for a pro rata distribution or similar remedy
if eligibility exceeds available funding.
6) Contract consolidation . This bill requires the
consolidation of the contracts for center-based Title
5 programs (listed under "direct classroom services"
above). This bill adds new terms "direct classroom
services" and "direct classroom programs" to reflect
the distinction, with regard to the ability to
consolidate contracts, between most contracts and
those for family child care home education networks
and services for children with special needs.
This approach is consistent with the consolidation of
contracts for State Preschool, Prekindergarten and
Family Literacy, and center-based general child care
serving eligible 3- and 4-year olds (consolidated into
the California State Preschool Program).
7) Related legislation . SB 528 (Yee) among other things
related to foster youth, adds parenting minor and
non-minor dependents to the list of families
prioritized for subsidized child care and development
services. SB 528 passed the Senate Human Services
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Committee on April 9, 2013 (6-0 vote) and is scheduled
to be heard by the Senate Judiciary Committee on April
23, 2013, and by this Committee on May 1, 2013.
AB 260 (Gordon) relates to the continuation of the
individualized county child care subsidy pilot plans
for San Mateo County and San Francisco County. AB 260
is pending in the Assembly Appropriations Committee.
AB 812 (Mitchell) relates to the suspension and
termination of child care contracts. AB 812 is
scheduled to be heard by the Assembly Human Services
Committee on April 30, 2013.
SUPPORT
Advancement Project
California Child Development Administrators Association
California Teachers Association
Child Care Law Center
Child Development Resources
Early Edge California
Los Angeles Area Chamber of Commerce
Options - A Child Care and Human Services Agency
San Mateo County Child Care Partnership Council
Superintendent of Public Instruction
OPPOSITION
None on file.