BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON EDUCATION
                              Senator Carol Liu, Chair
                                2015 - 2016  Regular 

          Bill No:              AB 271              
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          |Author:    |Obernolte                                            |
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          |Version:   |May 28, 2015                                Hearing  |
          |           |Date:     July 8, 2015                               |
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          |Urgency:   |No                      |Fiscal:     |Yes            |
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          |Consultant:|Olgalilia Ramirez                                    |
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          Subject:  Child care:  alternative payment programs and  
          contractors:  electronic records:  digital signatures
            
          Note:  This bill has been referred to the Committees on  
          Education and Human Services.  A "do pass" motion should include  
          referral to the Committee on Human Services

            SUMMARY
          
          This bill expands the existing authority of Alternative Payment  
          Programs (APP) and child care providers to use electronic  
          methods for storage of documents or records and use of digital  
          signatures pursuant to current state standards, as specified.

            BACKGROUND
          
          Existing law authorizes local government agencies or non-profit  
          organizations to contract with the California Department of  
          Education (CDE) to operate APPs and provide alternative payments  
          and support services to parents and child development providers.  
           APPs help parents arrange child care services and make payments  
          directly to the provider, which may be in-home care, family  
          child care or center-based care, and either licensed or  
          license-exempt.  (Education Code § 8220)

          Existing law establishes requirements and procedures that APPs  
          and child development providers must follow as contracted  
          agencies with the CDE, including but not limited to tracking and  
          reporting of attendance, accounting and auditing requirements,  
          and reimbursement and payment procedures.  (EC § 8221.5) 







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          Current regulations require child care and development providers  
          that contract with APPs to submit periodic reports that must  
          include:

          1)Days and hours of enrollment and attendance.

          2)Total days of operation.

          3)Services, revenues and expenditures relating to care provided  
            for subsidized and unsubsidized children.

          Parents are required to physically sign-in and sign-out their  
          child when they drop off and pick up their child each day.   
          (California Code of Regulations, Title 5, § 18065)


          Existing law requires agencies that receive state funds to, at  
          the request of the Superintendent of Public Instruction, make  
          all records pertaining to its state-funded programs available to  
          the California Department Education (CDE), as specified, and  
          requires that all records be retained by each agency for at  
          least five years, as specified. 
          (EDC § 33421) 

          Existing law authorizes alternative payment programs and  
          providers and other contractors providing child care development  
          services to maintain records in electronic format if the  
          original documents were created in electronic format.  (EC §  
          8262.1)

            ANALYSIS
          
          This bill expands the existing authority of Alternative Payment  
          Programs (APP) and child care providers to use electronic  
          methods for storage of documents or records pursuant to current  
          law and the standards for trustworthy electronic document  
          preservation under state regulations.  Specifically this bill:

       1)Authorizes APPs and child care providers to maintain child care  
            records electronically and requires any conversion from a  
            paper record to an electronic format, as well as the storage  
            of the electronic record to comply with the specified state  
            standards for electronic document or record preservation. 








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       2)Authorizes APPs and child care providers to use digital  
            signatures and requires a digital signature to have the same  
            force and effect as the manual signature provided that the  
            requirements for digital signatures and their acceptable  
            technology satisfy state standards, as specified.

       3)Deletes the requirement that APPs and child care providers only  
            store records electronically if the original documents were  
            created in electronic format.

       4)Extends the existing five year requirements for the storage of  
            original records, as specified to all records including  
            electronic records as described in this bill. 

       5)Makes other non-substantive technical changes. 

          STAFF COMMENTS
          
       1)Need for the bill.  According to the author current law governing  
            the use of technology for child care contractors fail to  
            reflect recent technological advances.  The author further  
            asserts that local child care agencies and contractors are  
            expending dollars and resources to store paper copies of case  
            files dating back five to seven years. This bill seeks to give  
            APPs and child care providers the option of storing documents  
            electronically and the ability to use digital signatures on  
            records.

       2)Alternative Payment Programs (APP).  APPs are funded with state  
            and federal funds and offer vouchers to parents that allow  
            them choose care from licensed or license-exempt child care  
            providers, such as in-home care, family child care, and  
            center-based care. APPs help families arrange child care  
            services through referral networks and make payments for those  
            services directly to the child care provider selected by the  
            family.  Statewide, there are currently 76 APPs contracted  
            with CDE. 
               
       3)System for Preserving Documents.  Current law requires uniform  
            statewide standards for the purpose of storing and recording  
            documents in electronic media to be approved and adopted by  
            the Secretary of State in accordance with the American  
            National Standards Institute or the Association for  








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            Information and Image Management (AIIM).  These standards  
            specify that in order to ensure that official electronic  
            documents are considered to be a true and an accurate copy of  
            the original information received and before the original copy  
            may be destroyed, at least two separate copies of the official  
            document must be created to meet the following AIIM standards:  


             a)   Copies are stored using both hardware and media storage  
               methodologies.

             b)   The system for storing copies must ensure that there is  
               no plausible way for electronically stored information to  
               be modified, altered, or deleted during the approved  
               information lifecycle.

             c)   At least one copy of the electronic document or record  
               must not permit unauthorized additions, deletions, or  
               changes to the original document and that is to be stored  
               and maintained in a safe and separate location.

            Additionally, any information being scanned, or electronically  
            received or stored should be stored using industry accepted  
            format such as JPEG, JBIG, JPEG 2000, or PDF-A.

            This bill seeks to authorize APPs and child care providers  
            that use at minimum the system described above in order to  
            reduce costs of maintaining original documents.

       1)Digital Signature.  Current regulations establish criteria for  
            public entities using digital signature of technology.   
            Acceptable technology must be capable of creating signatures  
            that are unique to the person using it, capable of  
            verification, under sole control of the person using it and  
            cannot be altered.  The regulations also provide  
            recommendations of acceptable digital signature technology.   
            This bill attempts to authorize digital signatures to have the  
            same effect as a manual signature.

       2)Auditing.  The Child Care and Development Services Act requires  
            an independent financial and compliance audit of organizations  
            that contract with California Department of Education (CDE)  
            under direct service contracts.  Current law also requires  
            agencies that receive state funds to, at the request of the  








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            Superintendent of Public Instruction, make all records  
            pertaining to its state-funded programs available to the CDE  
            and requires that all records be retained by each agency for  
            at least five years. This bill extends the existing five year  
            requirements for the storage of original records to all  
            records including electronic documents and records. It is  
            unclear how the use of electronic records, if at all, will  
            impact audit procedures by CDE.  Concerns were raised on prior  
            versions of this bill regarding the integrity of  
            electronically stored documents.  The bill has since been  
            amended to comply with existing state standards for storing  
            electronic documents as described in staff comment 3 and 4.
               

       3)Prior legislation.
               
            AB 2101 (Levine, 2014) similar to this bill, would have  
            allowed alternative payment programs and child care providers  
            to maintain and retain records electronically and expanded the  
            list of types of records that can be maintained  
            electronically.  AB 2101 died in the Assembly Appropriations  
            Committee. 

            SUPPORT
          
          California Alternative Payment Program (CAPPA)
          California State PTA

            OPPOSITION
           
           None received. 

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