BILL ANALYSIS                                                                                                                                                                                                    Ķ



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

          Bill No:              AB 427            
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          |Author:    |Weber                                                |
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          |Version:   |May 6, 2015                                 Hearing  |
          |           |Date:     June 24, 2015                              |
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          |Urgency:   |No                     |Fiscal:     |Yes             |
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          |Consultant:|Olgalilia Ramirez                                    |
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          Subject:  Early primary programs:  child care services:   
          eligibility:  military families

            SUMMARY
          
          This bill excludes the military housing allowance from being  
          calculated as income when determining eligibility for child care  
          and development services specified under the Child Care and  
          Development Services Act.    

            BACKGROUND 
          
          1)Existing law establishes the Child Care and Development  
            Services Act to provide child care and development services as  
            part of a coordinated, comprehensive, and cost-effective  
            system serving children from birth to 13 years old and their  
            parents including a full range of supervision, health, and  
            support services through full- and part-time programs.   
            (Education Code § 8200 et seq.)

          2)Existing law defines "child care and development services" to  
            mean services designed to meet a wide variety of children's  
            and families' needs while parents and guardians are working,  
            in training, seeking employment, incapacitated, or in need of  
            respite.  (EC § 8208)

          3) Existing law requires the Superintendent of Public  
            Instruction to administer general child care and development  
            programs to include, among other things as specified, age- and  
            developmentally-appropriate activities, supervision, parenting  







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            education and involvement, and nutrition. Further allows such  
            programs to be designed to meet child-related needs identified  
            by parents or guardians, as specified. 
            (EC § 8240 and § 8241)

          4)Existing law establishes requirements that families must meet  
            in order to be eligible for federal and state subsidized child  
            development services, and grant priority enrollment to  
            children who have been or are at risk of being abused or  
            neglected, as specified.  (EC § 8263) 

          5)Existing federal law provides, a basic allowance for housing  
            to which a uniformed service member, including a member with  
            dependents, as specified, is entitled if he or she is also  
            entitled to basic pay.  (37 U.S.C. § 403) 

            ANALYSIS
          
       1)Excludes from income calculation the amount of basic allowance  
            for housing received by specified active duty military for  
            purposes of determining eligibility for child care and  
            development services specified under the Child Care and  
            Development Services Act. 

       2)Specifies, that the amount of basic allowance for housing  
            excluded from income be equal to the lowest rate of the  
            allowance for the military housing area in which an individual  
            resides.   

       3)Makes a number of legislative declarations and findings related  
            to military families and the role child care and preschools  
            play for providing a stability environment for military  
            children.  

          STAFF COMMENTS
          
       1)Need for the bill:  To help cover the cost of housing for a  
            military family, some service members are issued a housing  
            allowance. According to the author, many of these families  
            that could be eligible for subsidized child care services do  
            not qualify as a result of the housing allowance inflating  
            their calculated income. This bill seeks to expand access to  
            state subsidized child care programs for active duty military  
            families.








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       2)Military Allowance for Housing.  The housing allowance or the  
            Basic Allowance for Housing (BAH) is based on geographic duty  
            location, pay grade, and dependency status. The intent of BAH  
            is to provide service members equitable housing compensation  
            based on local housing markets, when military housing is not  
            provided. In California, the beginning BAH for  
            beginning-ranking personnel with dependents range from the mid  
            $800's for areas such as China Lake to the mid $3,000's for  
            San Francisco. The ranges subsequently increase according to  
            military rank. In order to be eligible for subsidized child  
            care and development services, state regulations require a  
            family's adjusted monthly income to be at or below 75% of the  
            state median income. 

            This bill proposes to exclude the BAH as income for purposes  
            of determining eligibility for child care and development  
            services thereby making families that would not otherwise  
            qualify eligible for subsidized care. Under the provisions of  
            this bill the amount of basic allowance for housing excluded  
            from income must be equal to the lowest rate of the allowance  
            for the military housing area in which an individual resides.  
            Leaving a higher ranking official with the same allowance as  
            lower ranking personnel. 

       3)Child Care Eligibility. Existing law specifies that children are  
            eligible for subsidized child care if the family currently  
            receives aid, meets specified income eligibility requirements,  
            is homeless, or if the child is the recipient of protective  
            services, or has been identified as neglected, abused or  
            exploited (or at risk of such). In addition, the family must  
            be in need of child care services due to specified social  
            service circumstances, employment training, or other specified  
            needs. 
               
            Existing state regulations (Title 5, CCR, § 18134) allow for  
            state pre-school programs located on or in close proximity to  
            a military base to, exclude the military housing allowance  
            provided for active military personnel, when calculating  
            income for eligibility. This bill would expand this process to  
            include a variety of child care and development services as  
            defined by current law. 

       4)Prior legislation.








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            AB 170 (Saldaņa, 2007) similar to this bill, excludes from  
            income calculation the basic housing allowance received by  
            active military personnel for purposes of determining  
            eligibility for state preschool. AB 170 died in the Assembly  
            Appropriations committee. 

            SUPPORT
          
          American Federation of State, County and Municipal Employees  
          (AFSCME)
          California School Boards Association 
          California State PTA
          San Diego County Office of Education
          San Diego Unified School District

            OPPOSITION
           
           None received. 

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