BILL ANALYSIS Ó
AB 1781
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Date of Hearing: April 5, 2016
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Jose Medina, Chair
AB 1781
(Lopez) - As Amended March 17, 2016
[Note: This bill is double referred to the Assembly Veterans
Affairs Committee and will be heard as it relates to issues
under its jurisdiction.]
SUBJECT: Public postsecondary education: child development
programs
SUMMARY: Requires child development programs established by the
California Community Colleges (CCC), the California State
University (CSU), and the University of California (UC), as
authorized, to give priority to children of students who are
active duty members of the California National Guard (CNG); and,
specifies that the priority shall not exceed other priorities
established, as of January 1, 2017, by the public postsecondary
educational institution or the State Superintendent of Public
Instruction (SPI) for the program.
EXISTING LAW:
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1)Authorizes higher educational institutions to establish and
maintain child development programs on or near their
respective campuses; specifies that those higher educational
institutions under contract with the California Department of
Education (CDE) for child care and development services are
subject to the rules and regulations adopted by the SPI;
requires that children of students of each campus operating a
child development program shall have first priority for
service in that program, in accordance with the priorities
established in subdivision (b) of Education Code (EC) Section
8263; and, requires the SPI, in cooperation with higher
educational institutions, to establish rules and regulations
governing programs operated, as specified (EC Section 66060).
2)Establishes the Child Care and Developmental 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 and
including a full range of supervision, health, and support
services through full- and part-time programs (EC Section
8200, et seq.).
3)Declares legislative intent to give priority access to child
development programs to children of families that qualify for
applicable federal public assistance and other low-income and
disadvantage families (EC Section 8205).
4)Requires the SPI to administer general child care and
development programs to include, among other things as
specified, age- and developmentally-appropriate activities,
supervision, parenting 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 Sections 8240 and 8241).
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5)Stipulates requirements families must meet in order to be
eligible for federal and state subsidized child development
services, and grants priority enrollment to children who have
been or are at risk of being abused or neglected, as specified
(EC Section 8263).
FISCAL EFFECT: Unknown
COMMENTS: Need for this measure. According to the author, due
to the inconsistency of military personnel's demanding job
schedules, their children can be subjected to conditions where
they are left without care. The author states, "California
Military Department's Office of Governmental Affairs has also
noted that Service Members could be called for active duty for
as little as a few days or be called for a couple of months in
response to any state emergency."
The author argues that, "This bill will grant active duty
members of the California National Guard who are students
attending a California college or university to be given
priority to enroll their child at a campus child development
center, if available. Allowing this will take off a burden many
service members face when activated for state duty."
General child care and development programs. According to the
CDE, general child care and development programs are state and
federally funded programs that use centers and family child care
home networks operated or administered by either public or
private agencies and local educational agencies. These agencies
provide child development services for children from birth
through 12 years of age and older children with exceptional
needs. Said programs provide an educational component that is
developmentally, culturally, and linguistically appropriate for
the children served. Additionally, the programs also provide
meals and snacks to children, parent education, referrals to
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health and social services for families, and staff development
opportunities to employees.
The CDE currently contracts with over 700 private, non-profit,
as well as other public agencies so that low-income families can
find safe, healthy, and age-appropriate educational environments
for the care of their children. The care can be provided in
licensed centers, family child care homes, as well as in homes
and centers exempt from licensure. The early education system
administered by the CDE continues to be the largest, most
culturally diverse, and most comprehensive system in the nation,
with funding for fiscal year 2015-16 at $2.4 billion. Services
are projected to provide child care to some 450,000 children.
Contractors for direct services 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.
As of March 2016, 52 CCC campuses, 1 CSU campus, and 7 UC
campuses have child development programs under contract with the
CDE.
Current practices of the CCC, CSU, and UC. Committee staff
understands that of the CCC, CSU, and UC campuses that have
child development programs, each campus differs in the
administration of the child development program. According to
the CCC Chancellor's Office, any child development center or lab
of the CCC must follow the strict eligibility and priority
requirements as directed by their contracts with the CDE. Some
CCC campuses have parent fee-based slots, and have their own
waiting lists and prioritization policies for that sub-set of
children. According to the California State Student
Association, nearly all of the programs at the CSU are operated
under campus Associated Students/Associated Students, Inc. Some
programs are funded through student fees, parent fees and/or
private funds. Many of the CSU campuses give priority to
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low-income students seeking to have their children attend a
child development program on campus. According to the UC Office
of the President, each campus has a wait list for more children
to be able to attend the child care program on campus.
The segments have raised questions as to whether or not this
measure can be implemented. As outlined in the "Existing Law"
section of this analysis, the child development programs as run
by the postsecondary education institutions must adhere to all
of the rules and regulations as established by the SPI. This
measure does not appear to align to existing rules and
regulations as established by the SPI.
Active duty CNG. As presently drafted, it is unclear as to what
is meant by "active duty CNG". If a member of the CNG is on
active duty, he/she would presumably not be on campus and
attending classes. If the author wants to ensure that all CNG
students' children are eligible, the author may wish to work
with the Assembly Veterans Affairs Committee in order to ensure
all CNG are captured in this measure.
Additionally, the CCC and CSU systems do not centrally collect
data for the number of enrolled "active duty CNG". However,
the CCC estimates that this year, systemwide, approximately 65
CNG are enrolled. The UC states that in 2015, systemwide, there
were 43 CNG enrolled. It is presently unclear as to how many
children of active duty CNG may benefit from this measure.
Policy considerations. This measure calls for the creation of
a new priority for children of students who are active duty CNG
for the stated purpose of supporting CNG students with child
care needs when they are called to active duty. It is unclear
how this bill, which would prioritize active duty CNG for
campus-based child care, would meet this goal. Generally,
campus-based child care is available to students during regular
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business hours or campus operating hours, and not necessarily
open to support emergency child care needs.
Further, with limited slots for children to attend the child
development programs of the CCC, CSU, and UC campuses, and the
initial priorities given to children in dangerous situations and
then to children from low-income households, this measure could
have the unintended consequence of displacing current and
waitlisted students.
Additionally, the role of the CNG is vital to our state, as are
other students who hold military and emergency services roles;
it is unclear why CNG students' children, but not other vital
service providers, should be giving top priority to limited
slots for campus child development programs.
Lastly, Committee staff understands that this bill may violate
existing policies governing campuses child development programs
under contract with the CDE, which are currently required to
provide priority to other categories of students. To note,
child care development programs fall under the jurisdiction of
the Assembly Education Committee.
To address the policy concerns, Committee staff recommends, and
the author has accepted, the following amendments:
Strike out Section One entirely and replace with the following:
The SPI, in conjunction with the CDE and other appropriate state
agencies and stakeholders, shall convene a task force in order
to examine the current rules and regulations regarding the
priority of children specifically attending a child development
program under contract with the CDE, and opine in writing to the
appropriate policy committees of the Legislature, on or before
January 31, 2018, as to whether or not the existing priorities
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should be amended to include children of CNG and other military
personnel students; and, develop plans for child development
programs for their children in cases of state emergencies when
the CNG and other military personnel are called to duty.
Note, due to the Legislative Calendar Deadlines, the amendments
will be processed and adopted in the Assembly Veterans Affairs
Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
None on file.
Opposition
None on file.
Analysis Prepared by:Jeanice Warden / HIGHER ED. / (916)
319-3960
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